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HomeMy WebLinkAboutAgenda - 11-22-1982 �--........' ` _- ~ ' INDEX NOVEMBER 22, 1982 SUBJECT \ _ PAGE __ _� � ________- ' _-_ _~__'. Joint Pub. Hlearing w/ Planning Board Rezoning Hill Country Furniture Cotnwallis Hills Sub. Proposed Zoning Text Amendments LUP Amendment—Piedmont Power -Piedmont Power Referred.to P. Bd. Special Agehda of 1/4/83 1-6 Planning Bd. By-Laws None 7 Sheriff's Dep\art. Above entry hiring approved (3) 8 HUD Managemen Review 1 yr. contract w/ CHHA 8 December Meeti g Scheduled 27th mtg. cancelled 21st changed to 14th 8 Dumont Dr./Mace ' PPP Pre. Assess. Resol. Adopted Pub. Hrg, set for 12/14/82 8-9 Britton Woods cond. rescinded 9 Budget Amendments Health Dept. approved Approved 9 Recycling Agree ent Resolution adopted ECOS agree. approved Agreement for sites 9 NACo payment approved 9-10 ,, (17, 124 MINUTES NOVEMBER 22, 1962 The Orange County Board of Commissioners met in regular session on Monday, November 22, 1982, at 7:30 P.M. in the Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted and Commissioners Norman Gustaveson, Shirley E. Marshall, Norman Walker, and Don Willhoit. Commissioner Whitted announced that the Board would first consider the Joint Public Hearing with the Planning Board. Planning Board Members present: Pat Crawford, Chairwoman, and Sally Boericke, Alice Gordon, Logan Irvin, Steve Kizer, Nancy Laszlo, Hazel Lunsford, Sharlene Pilkey and David Shanklin. Planning Board Members absent: Tom Bacon. Pat Crawford chaired the Joint Public Hearing and announced the order for the procedures. C. 1. REZONING--HILL COUNTRY FURNITURE FROM R-1 to EC-5 Mr. Rick Cannity of the Planning Department made the presentation to the Boards and the public for the Hill Country Furniture. Mr. Cannity cited the location of the property and provided background on this lot and building. (A detailed statement is included in these minutes on page/ of this book.) Ms. Crawford asked for a list of permitted uses in the EC-5 zone; Mr. Cannity read the permitted uses from the Zoning Ordinance. Mr. John Northen, an attorney, spoke for Mr. Gregg saying that this property has always been used as a small commercial establishment. Mr. Northen sup-' ports Planning Staff's recommendation approval of the EC-5 designation for this property. C. 2. CORNWALLIS HILLS SUBDIVISION REZONING FROM R-1 to R-3 Mr. Rick Cannity made the presentation for the Boards on the Cornwallis Hills Subdivision. Mr. Cannity cited the location of the subdivision and provided background information of this subdivision. He said the requested change in the designation to R-3 meets the application criteria for the R-3 district. The designation change is appropriate for this location. Mr. Jerry Levitt, representing the developers of Cornwallis Hills spoke in support of the zoning change. 126 8O Mrs. James Rippy, an adjacent property owner, asked the difference between R-1 and R-3 zones, Mr. Cannity responded to her satisfaction. C. 3. PROPOSED ZONING TEXT AMENDMENTS Mr. Cannity made the presentation on the proposed zoning text amendments to the Boards. (Mr. Cannity's verbatim remarkes are on pages <<14/� of this book.) Following his presentation on the proposed changes, Mr. Cannity responded to questions from the Boards and members of the audience, clarifying the changes as and if necessary. C. 4, AMENDMENT TO THE LAND USE PLAN--PIEDMONT POWER COMPANY Ms. Susan Smith, of the Planning Staff, made the presentation to the Boards on the proposed amendment to the Land Use Plan for Piedmont Power Company. She cited the location on NC 86 and said the request is reasonable given the proposed use and it is not incompatible with existing development. Mr. Delmas Adams, representing Piedmont Power's architectural firm, said • the site had been purchased in 1974 and it had been Piedmont's intention to locate ▪ its facility on that site. 0 Ms. Hazel Lunsford, speaking as a private citizen, spoke in opposition to • the proposed changes; she cited the changing character of the area from its prese ▪ rural character. She said her opposition was not directed at the company. Mr. J. T, Squires from Fayetteville spoke for Mr. and Mrs. Millis who own ▪ property along NC 86. He wanted to know what the effect of the proposed use would be on Mr, and Mrs. Millis' property. He asked if the buffer zone is entirely on Piedmont's property, Mr. Cannity replied yes, Mr. Cannity, responding to Commissioner Willhoit, said Piedmont had acquired 0 the property in 1974 and even if Piedmont's plans had been known that knowledge would not have affected the designation given the site during the zoning process. Commissioner Willhoit asked if money had been expended for planning on the site at the time zoning was adopted. Mr. Adams replied that he did not know when zoning was implemented in Orange County, however, following the purchase his firm had been commissioned to do the site study. He added that the "final map" indicated that the site was to be used for office purposes, "storage yard and related power company facilities," Ms. Smith, responding to Ms. Crawford said that the plat recorded showed wording to the effect the property was to be used for office purposes. 805 12G Planning Board Member Kizer voiced concern that the Land Use Plan was being revised to accommodate Piedmont's request. He indicated that the proposal was likely to have a major impact in the area extending up to SR 1710; adding that a review should be made of the entire area. Commissioner Willhoit felt that a project begins with the expenditure of considerable funds. Planning Board Member Kizer said that the Zoning Ordinance makes clear what is evidence of the start of a project and he was not sure that the Piedmont proposal meets this criteria. There were no further questions. C. 5. SPECIAL USE PERMIT REQUEST AND REZONING FOR PIEDMONT POWER COMPANY Chairman Whitted chaired this public hearing on the Special Use Permit Request by Piedmont Power Company for a PD-OI designation at their property located on NC 86 in Hillsborough Township. All persons who presented evidence were sworn by Chairman Whitted. Mr. Cannity presented the evidence on behalf of the Planning department to the Boards. Mr. Cannity's verbatim evidence follows. Piedmont has requested a rezoning to PD-OI in a tract of land in Hillsborough Township. The area of the parcel is 33.92 acres, it is on NC 86 south of the town of Hillsborough adjacent to Joppa Oaks and Duke Forest and across from Wood Brothers commercial uses. As previously indicated, the adopted Land Use Plan would have to be amended in order to accommodate the proposed use. Piedmont purchased this property in 1974 with the intention of using the site as an office building and yard storage area. After the purchase, the Corporation made application of Washington D.C. for the approval to go ahead with the planning and design of the structure. During the late 1970's and early 1980's Orange County was developing a land use plan and zoning ordinance which would be applied to Hillsborough Township on September 2, 1981. The property was zoned R-1 which means it could be used for residential purposes at a density of one unit to the acre. Piedmont brought the problem to the attention of the Planning Staff. The Staff outlined the options open to the developer and the developers decided to apply for a planned development designation. The Orange County Health Department has approved an on site ground sewage disposal system for the Office Building. However, the developers are continuing td investigate the possibility of extending a sanitary sewer line from the existing service near the intersection of US 70 and NC 86. The application contains letters from the Orange County Sheriff's Department and rescue squad which state they can provide service to the development. Orange Rural Fire Department wrote that it can service the building. The application contained all the pertinent material required by Section 8.8. The site is located adjacent to NC 86 which is designated as an arterial in the adopted Land Use Plan. According to the most recent figures of the NC DOT there are 4100 motor vehicle trips/per day along this section of the road. The Planning Staff estimates that this dev- elopment will generate 450 motor vehicle trips per day. The two proposed 12't 811 entrances to the site have good sight distance in both directions. The service entrance which is 186' north of the public entrance should be paved according to state sctndaryp7�road dti standards rather than be a gravel road as suggested in The physical character of the site lends itself to the proposed development. The site plan shows a 100' wide buffer along the property lines to the north, east and south. The high elevation of the site is 702' near where the developer proposed to install a radio communi- cation tower to a low point of 631' near the northern property line at NC 86. The site plan indicated that a good amount of the existing vegetation should remain, considerable clearing and gradin$ involved in construction of the proposed outdoorstorage areas. The building does not exceed the maximum allowed floor areas, or heights. Nor does it exceed the maximum allowed intensity of develop- ment. The signs, used to identify the project and give directions within the project shall meet all sections of Article 9. This concluded the verbatim portion of Mr. Cannity's evidence; he cited Plan- ning Staff's suggested conditions if the Permit.is approved. Those conditions follow: 1. That all signs for the development shall be according to Section 7.16 and Article 9 of the Zoning Ordinance. 2, Drainage, soil erosion bynOrangesedimentation shall County. The ins reviewed and approved installation r of control devices and on going construction work shall be inspected by Orange County. The site shall at all times be in oonformance with the Soil Erosion and Sedimentation Control Ordinance. 3. That the proposed dumpster be placed on a 10' x 20' concrete pad 6" thick, with wire mesh. 4. That the service entrance from NC 86 to the entrance gate into the storage yard be paved to NC DOT secondary road stan- dards. S. That the developer mark the 100' buffer on the perimeter of the site and take precautions to insure that the grading contractor does not disturb the area. 6. The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made part of the Special Use Permit. A copy of the final site plan and narrative are to be maintained on file with the Orange County Planning Department. Only those uses specified in the project narrative and on the site plan, including but not necessarily limited to the offices, warehousing, maintenance service and outside storage of utility materials will be permitted at the office facility. All improvements as indicated shall be constructed according to the construction schedule set forth in this permit. 7. The following construction schedule shall be adhered to by the applicant. Construction shall begin within six months of the issuance of the Special Use Permit. 8. All necessary easements to permit utility (electricity, telephone, sewer and cost to the hookups to the devel- provider. Planning Board Member Wilson asked Mr. Cannity a question about the buffer on the northwest side. Mr. Cannity responded that the property at the northwest corner was transvetsed by a road and by drainage lines for the septic tank. Mr. Cannity • continuing to respond to Mr. Wilson said the fence was not on the property line but • 100' feet in. Mr. Cannity added that staff recommended as a condition that the • buffer be clearly marked on the ground and that the grading contractor be made aware of the existence of the buffer. 128 811 Planning Board Member Pilkey asked the width of the buffer on the Joppa Oaks side of the property. Mr, Cannity said that the buffer was only 60' wide in that area due to an access road to the Jones property that was granted prior to Piedmont's purchase of the property. Commissioner Gustaveson expressed concern regarding traffic safety at Joppa Oaks and at this site's proposed entrances. He cited Duke Power's widening of the road at the intersection of Homestead Road and NC 86 in Chapel Hill as an example that might be followed here. Mr. Cannity said the physical considerations on Piedmont's site and NC 86 were considerably different. At Duke Power the entrances are at the top of two hills, where vehicles could be below grade and not easily visible. Piedmont's site at NC 86 is flat with good sight distance in both directions. Commissioner Gustaveson stated that the design considerations were good at Joppa Oaks also He said he would like for the design people to address the question of traffic. Mr. Adams indicated that Piedmont was working with NC DOT on this problem. Mr. Cannity replied to Planning Board Member Shanklin that the ground elevation is 701' at its highest point and 631' at its lowest point in the northwest corner. Planning Board Member Shanklin asked what the height of the communications tower was. Lawrence Allen, a Piedmont engineer, stated that the tower would be between 200' and 250'. Commissioner Gustaveson said he wanted the record to note that he has serious reservations regarding the traffic safety at the proposed entrances. Commissioner Gustaveson suggested that prior to a final decision being made on this Permit that NC DOT should submit a proposal to address the traffic problem. Mr. Adams indicated that the public entrance was located so as to avoid steep • terrain on the site, resulting in the service entrance located in the buffer area. He added the office building was located on the crest of the site leaving the • • flatter terrain for the operations center. Commissioner Whitted inquired as to the current location of the communications • tower for Piedmont Power, Mr. Adams responded the tower is presently located in • southern Person County. The proposed site would become the regional headquarters • for Piedmont Power. • Commissioner Gustaveson asked if the site would contain all the warehousing • for Piedmont Power. Mr. Adams responded negatively noting that the center would • $1r. 129 deal with potential business from all twelve satellites and a large portion of Piedmont's storage requirements. Commissioner Gustaveson inquired if the proposed development included an assumption of expansion of Piedmont Power's facilities. Mr. Adams responded that the site contains ample space. Planning Board Member Irvin inquired about the nature of the stream to the north of the storage line all night lighting. Mr. Adams responded that there was 40' to 50' of trees and that the lights would be oriented into the site. He added that lighting was primarily to serve security purposes. Planning Board Member Kizer asked for an estimate of the total cost excluding the purchase of the property. Mr. Adams replied the total project cost excluding property was approximately 1.75 million dollars. Mr. Kizer asked how much Piedmont Power invested. Mr. Adams responded that REA contributes approximately 40% and that the remainder is covered by the private sector. Planning Board Member Shanklin expressed a concern about airports within 7 miles of a communications tower with the type of lighting proposed being a potential obstacle. He continued that given common pilot procedures, it would be best to use strobe lights rather than a rotating beacon. Mr. Adams indicated his firm had not yet considered this and that he had assumed that a red light is used on low towers and a strobe light on high towers. Mr. Squires asked if the Millis' property would still be residential, expressing concern about "spot zoning" of the property. Mr. Cannity responded that all property not otherwise designated is residential. Commissioner Wilihoit moved to adjourn the Public Hearing for a Special Use Permit from Piedmont Power to January 4, 1983 at 10:00 a.m. to receive the recommendation from the Planning Board; Commissioner Marshall seconded the motion. Vote: Ayes, 5; Noes, 0. Following a short break, the Board resumed deliberations with all members present as indicated at the beginning of this meeting. A. BOARD COMMENTS, Chairman Whitted deleted consideration of Joint Planning from the agenda and added NACo dues increase; he announced that the order of the agenda would be D-1, D-5, and D-8, in order to accommodate those members of the audience who are waiting. B. AUDIENCE COMMENTS There were no comments fr-_, zr: dudience about matters on or off the printed agenda, 130 ' 8 1 a D. ITEMS FOR DECISION BY BOARD 1. Planning Board By-Laws Discussion: Chairwoman Crawford summarized the Planning Board's concerns regarding the Board of Commissioners' recommendations on Planning Board By-Laws. (Please see page Pr// of this book for recommendations or refer to the Board of Commissioners minutes of November 1, 1982,) Chairwoman Crawford,said regarding Article IV-C, that in the event Planning Board minutes were not as timely or as acceptable as the Board desires a Planning Board member would be appointed to aide or to serve in an advisory or screening capacity to the Staff, She continued that the Board did not anticipate that the member appointed would have additional recording duties except in the event that relations between the Staff and Planning Board had deteriorated. Commissioner Willhoit responded that if there was a relationship problem the Board of County Commissioners should know about it. There was a concensus among Commissioners that the Planning Director or his designee should serve as the Chair to the Planning Board. Chairwoman Crawford, continued with Article VII-E, saying the Planning Board had concerns about the question of abstentions. Commissioner Gustaveson said that some previous Planning Board's votes on issues had contained so many abstentions that the recommendation received was not useful; stressing that the Commissioners are searching for the best direction from the Planning Board. County Attorney Gledhill said that because there are "no expressed rules" for the Planning Board voting procedures, that the rules, regulations and phil- osophy of elected Boards become that of the boards they appoint. He added that, in the event of a possible conflict of interest, the Chair makes the determination. Chairwoman Crawford asserted that the Planning Board felt there were conflicts of interest other than financial considerations. Planning Board Member Gordon noted that the Planning Board used abstentions for conflicts of interest and for a lack of information. Commissioner Willhoit added that the deliberation process used for making decisions was also important to the Commissioners, Chairwoman Crawford said that with regard to Article IX, approval of rules and procedures for the Planning Board, the question of Planning Board autonomy was foremost, although it is recognized that the Commissioners created it and gave it its authority. 814 131 Chairman Whitted said how the Planning Board conducts its business is essential to the recommendations the Commissioners receive. With regard to the Township Advisory Councils, Commissioner Willhoit noted that they are not required to have a quorum; his concern is that the Councils not become a vehicle for special interest groups. Commissioner Willhoit said that the Planning Board should decide if the Councils were an effective method, as originally intended, of receiving citizen input. Chairwoman Crawford said the Planning Board would reconsider the Commissioners' recommendations at its next meeting. D-8. SHERIFF'S DEPARTMENT Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the above entry hiring of Paul Cook (69-6A), Donald Truelove (68-7A) and Joseph Dickey (63-55) in the Sheriff's Department as requested by Sheriff-elect Pendergrass. Vote: Ayes, 5; noes, 0. D-5. HUD MANAGEMENT REVIEW Following Chairman Whitted's summation of the attachments to this agenda item (please see pages l 1S"/9 of this book), Mr. Tom Heffner Chair of the Chapel Hill Housing Authority briefly presented the Housing Authority's recommendations and reasons for those recommendations. (Those recommendations are cited in the attachments to this agenda item. Following much discussion Commissioner Gustaveson moved, • seconded by Commissioner Willhoit, to approve entering into a contract with the Chapel Hill Housing Authority for that Authority to continue administering the • Section Eight Program for one year with a sixtyr-day termination clause exercisable • by either party. Contract would be effective January 1, 1983 through December 31, 1983. Voce: Ayes 4 (Commissioners Gustaveson, Marshall, Whitted and Willhoit); ♦ Noes, 1 (Commissioner Walker). • Commissioner Walker left the meeting following this vote. D-2. DECEMBER MEETING SCHEDULE Commissioner Willhoit moved, seconded by Commissioner Marshall, to change o i the regularly scheduled meeting of December 21st to December 14th and to cancel • the December 27th meeting. Vote: Ayes, 4; noes, 0. • 0-3. DUMONT DRIVE AND MACE ROAD PARTICIPATORY PAVING i• Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to adopt ?• T• 1, 815 13? the Preliminary Assessment Resolutions for both Mace Road and Dumont Drive and to schedule a public hearing on both Preliminary Assessment Resolutions for 7:30 P.M. December 14th, Vote: Ayes, 4; noes, O. D-4. BRITTON WOODS Commissioner Wilihoit moved, seconded by Commissioner Gustaveson, to rescind the condition of approval placed by the Board on the preliminary plat for Britton Woods, requiring that it be located within one fire district. Vote: Ayes, 4; noes, O. D-7. BUDGET AMENDMENT Commissioner Wilihoit moved, seconded by Commissioner Gustaveson, to approve budget amendment # 4 (of the agenda of November 16th; see page /2 4. of this book) for the Health Department. The revised revenue figures are due to an error in estimating the Department's revenue, not Federal reductions. Vote: Ayes, 4; noes, O. Commissioner Gustaveson moved, seconded by Commissioner Willhoit to approve budget amendments (/ 1, 2 and 3 (see pages ASC) /of this book for chose amounts). Vote: Ayes, 4; noes, O. Settlement of Pending Claim. Mr. S.M. Gattis resigned from Orange County on June 30, 1981. He was paid for thirty days accumulated leave pursuant to the Orange County Personnel Policy. He contends he was owed for an additional one hundred fifty- three and one-half days. The claimed and unpaid leave time is valued at $24,604.53 plus interest from June 30, 1981. Orange County contends that Mr. Gattis was paid for all he was entitled for accumulated leave under the Orange County Personnel Policy. This claim was settled on September 17, 1982 by payment to Mr. Gattis of $19,698.63. In exchange for this payment, Mr. Gattis released and discharged Orange County and the members of the Board of Commissioners from liability for all claims he has now or may ever have growing out of or incident to his employment with Orange County through June 30, 1981. Orange County has not admitted liability for any sum and Mr. Gattis has acknowledged that Orange County has admitted no liability. D-9, RECYCLING AGREEMENT O Commissioner Wilihoit moved, seconded by Commissioner Marshall, to approve ▪ the Resolutions authorizing agreements with the Orange Regional Landfill and Non- • Profit Recycling Organizations, and to approve the agreement with ECOS and the • agreement for the establishment of recycling sites. VOte: Ayes, 4; noes, O. D-10. NACo PAYMENT--Added Item Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve 0 • 133 81C the additional dues payment of $359.00 to NACo for this fiscal year. Vote: Ayes, 4; noes, 0. With no further business to come before the Board, Chairman Whitted moved, seconded by Commissioner Marshall, to adjourn the meeting. Vote: Ayes, 4; noes, 0. Richard E. Whitted, Chair Joanna Bradshaw, Acting Clerk 0 CRAZ-F. CCrINTY 1 3 E03,10 OI V.--v-2LTSSIO ?..S crt • P„cric-N =,1 1\=.73.:C.; DATE 11/22/S2 P.,?Twit by Planning Staff for a Rezoning from R-I. (Residntial-1) to EC-5 (Existing Commercial-5) on Hill Country Furniture Depazt-it: Planning , [ Public Hearin : X yes ...._— Att-7-c;:am=r1t(s) ; Rezoning application pg. 1 IdfOrMaiCrl COzleCtr-: Rick Cannity Rezoning checkls,t pg, 2 , Tex Map pg. 3, Mditional -Infornition pg. 5-Fi Phone Number: 732-8181 EXT. 347 • 2:onln;; cap pg. 4 277-72CSE: To receive citizen input concerning the requested rezoning form Residential-1 (R-1) to Existing Commercial-V (EC-5) The existing use is in Chapel Hill Township and is shown on Tax Map 115, Lot 1. It is located on state road 1005 (Old Greensboro Road) and is within the area that Eli Uhitney fire department from Alamance County serves on a volunteer bases, Until 1973 this lot was not recognized as a separate lot and it was taxed in Bingham Township as part of a larger tract even though a deed had been recorded for the .88 acre lot in 1964. It appears that in 1967 when Chapel Hill Township was zoned the property was not zoned Rural Commer- cial because it was thought to he in Bingham Township . Tn 1981 uher. 7ingham Township was zoned the property was not zoned because it was in Chapel Hill .Township. ri172.1t-T This property and building have been used for several different uses since it was constructed in 1964 . All other commercial uses wore desirrnand when zoning went into effect in Chapel Hill Township, the Planning Staff teals • the Existing Commercial - 5 (EC-5) designation is appropriate for this use T::-:COMMENDATIM: Plannin7, S:.aff recommends approval of the EC-5 desingetion for the .88 acre lot.. 1 �l- �`^~�! � �� ~ � 818 APPLICATION FOR CHANGE OF ZONING DISTRICT CLASSIFICATION DATE The Honorable Board of County Commissioners . Orange County, North Carolina �, — . ^ OOM,IZS3IOBER3: The undersigned request that property located on Tax Map Number_115 8loct number , Lot number 1 , Shown on'tha accompanying plat, which is presently in a «-1 District be rezoned to sc-j . for the following reasons: Th." n' ~~` ` """ »r~ '=« 'n"rr"pes since 196� � .xy vu lt as a =tpre and has been uaeu AS a furniture plant sinca rhe mid ~ � __ . Address: Signed: ` Orange County ?lanineoepartmeot Orange County Hillsborough, N.C. _~ _ ^ , 1U ZONING RN co •--1 ;. OWNER'S NAM Alexandar S. Grc'g Jr. 6 .l;lne_ ADDRESS, ! 201 Snurh CamrrrIn ASPrnur II 11,hr,ro e, M.C. CO Current zoning R-1 Total number of acres ,(t.. _ Current land ucc IIi l 1 oni,nrry FfIrI1 rare (rnt.ua,r i ral) Type of rezoning requested EC-5 Proposed land use ltill Cn1u .ry_lurniCurc (Cni}nnPriral) Tax map G 115 Block # Number of lots 1 proposed Water Supply: Public Community Individual X Proposed Sewage Treatment: Public . Community Individual septic tank x Acces© onto state road I 1.005 Average daily traffic count on the state road 1500 Describe existing critical areas: Flood prone areas NA Poorly drained areas NA Streams NA Other_oensitive areas NA -Describe land uses in: General Area farming and residbntial Adjacent parcels of land Dairy Farm and Residential Fire District Eli Whirary (Vnlnnrrrr hacr,.) • ! ' • 82G • . . . , . . k,:.,.. i .. ..._ 1 1 3 I l'ie.,41\P'i l'N•qP , ■ i.s....c.- .. . - .• ; - \ . \ „ . % _ ; — \ 1 ii • .. .. , ..._,___..... ; . . t r"- ....- ..,.... i...; .x. ..• ,,,... ...... . ■ -.,:-.''. /4 ii, ...:. , ...,.. .„ .... : . • 1 ,....,,,...„, .25 '; „.i,...!' .C•4 . ,..--.. ...1-.-- so;;-'-o, 1,,,.--i-rtim 1, ! -L•.-5, &`'-'-'-''''''-,,1, ....-''''-• t i ■ H G06 AC : 1 • ''.,,, 1. i 1 ' Se-e 1 I 1 • •42-.17 37- 1 i B1 r..1.(41-14:1..,■ 7,.V. , 1 P,/0 201 0,.) LPL, .....9.: it • . -..... . ."-,• ' . ....--.." a." 1 • , .... . , - I . ____...... .... .,„_...... _.„...... i ., : . . 138 821 WELL COUNTRY FURNITURE This is the property of Alexander S. Gregg Jr., it is located on SR 1005, old Greensboro Highway. The lot area is .88 acres. There is an existing struc- ture on the property which is used as a furniture assembly facility. The present zoning is Residmatial-1. The property does lie in a designated water supply water- shed, University Lake. It is difficult to piece together the exact chain of events that occured with this piece of property, but I will explain what I have been able to piece together. A building was constructed on the site in 1965, it was initially used as a Country Store. The lot was a part of a larger tract of land most of which lay in Bingham Township. The property was taxed in Bingham. It was divided from the larger tract in 1964 but did not show up on the tax map in 1967, as a spearate lot when Chapel Hill Township was zoned, initially, An existing commer- cial use up the road in the south side of 1005 was zoned Rural Commercial. I feel the existing store on this property was not zoned at this time because the larger tract of land was mostly in Bingham Township. For tax purposes this lot was transferred from Bingham to Chapel Hill Town- ship in 1972. The furniture assembly plant began operation in the mid 70s.. When zoning was extended to Bingham Township in 1981 it did not apply to this lot because it was clearly in Chapel Hill Township. The owner Mr. Gregg brought the matter to the Planning Departments attention in late 1981. After researching the problem the Planning Staff feels that there has been an over- sight concerning the non-residential use of this property. The proposed re- zoning to EC-5 appears to be an appropriate measure. 822 135 CRAN -E COUNTY. alM CCraSSIONEPS ActiOn AcTende Ba Item ACTION ti- 1i1 ABSTRNCT EL-EDt, DATE November 22, 1982 M , subjoct: Request by Planning Staff for a Rezoning from R-1 .(Residential-1) to R-3 (Residential-3) on Cornwallis Hills Phase I. Plannine Public Re narig: x yes 7-3 ------ Attachwmt(s) : Rezoning application pg.l Contact.: • • Rick Cannity Rezoning checklist pg. 2 , 3 Pharla% Ntr±ar: 732-8181 Ext. 347 Map pg FURPCSE: To receive citizen input concerning the requested rezoning from Residential (R-1) to Residential-3 (R-3), NEED: This subdivision is located in Hillsborough Township and is shown on tax map 42E. It is off of Old 86 (SR 1009) and is in the Orange Rural Fire Department, Cornwallis Hills received final approval (August 17, 1981) for the creation of 38, 15,000 square foot lots after the public hearing on extension of Zoning to Hillsborough Township, but before the actual extension (September 2, 1981) , Therefore the area was zoned R-1 with the extension of zoning. IYMNCT: The subdivision met the requirements in effect at the time it was approved, It meets the application criteria for the district R-3, and this designation could make the lots conforming, RECOnENDATIoN: Planning Staff recommends approval of the change in designation from R-1 to R-3 for Cornwallis Hills-Section 1. - ' .... CORNWALLIS HILLS This property is located in Hillsborough Township off of old 86 (SR 1009) 4o and south of Oakdale Drive. The property is being developed as a residential subdivision with ,000 square foot lots. The project received final approval for development r to the extension of zoning to Hillsborough Township but after the public hearings on the various zoning districts to be applied in the township. The area was zoned RA. The requested change in designation to Residential-3 meets the application I criteria for the R 3 district, Hillsborough sewer and water service are extended I to the development and the area is covered by Orange Rural Fire Department. Staff feels tlhat the designation R-3 is appropriate for the first section of Cornwallis Mils. _.. 825 140 APPLICATION FOR CHANGE OF ZONING DISTRICT CLASSIFICATION DATE 10/26/82 The honorable Board of County Comissioners Orange County, North Carolina 9,0KNISSIONERS: The undersigned request that property located on Tax hap Number Block numl5er • , Lot number . , Shwn on the accompanying plat, which is presently in a ____________District be rezoned to R-3 for the following reasons: I of Cornwallis Hills was 41)1-c:wed and recorded orior to the time zorlinc, was adopted in Hillsborough Township. It was approved with minimum 15,000 sc. ft lot sizes since Hillsborough water and sewer was available. When zoniaz, was adopted this subdivision was overlooed and received R-1 zoning instead of ' th6—appropriate R-3. Signed: Address: Or an•a CutIntv P1 arm in , t_3.1.1151_32=1To. N r • 112.7 I2lG fLE l CUECKLIST Old 8G Limited Partnership � - ADDRESS 2I2 Gast Ru.e�nar�T Mel Rashicis (. AsAssociates inc. Cornwallis stills Pro er.t Owners II OWNER'S NAME ! Current land use W�st��e 'Coral number of acres�t—g---� R-1 Residential Current zoning proposed land use R-3 .. Cammunity�_--- uested l PuUlic,�_ Type of rezoning ran 3fl ,proposed hater Supply: t,2E Block (I l un7Uer of lots Individual septic tank Tax map (1____�-- Public x Community_____ - Proposed Sewage Treatment: ,2j__- dual 00 Describe existing Access dual��_ traffic count on the state roaciaPP,�-- Average daily. . . NSA Access onto state road # ni�!�'---�Q 7 areas critical areas: Flood prone areas NIA Poorly drained other.sensitive areas N/A Streams N/A •Dcscribe land uses in: General Area Residential-Wooded' - Adjacent parcels of land Wooded to the West, Cast and South: Residential to the North Fire District Orange Rural N 00 . E 47 ,, "r I• 1 '1 1/ 1--- I _ f 7 1 i 1 �'w, 1 1 1, _ 33C+ tC3 i 'i F \ -- 7F.;Ft „ --- / '''-----._ __\ \ i 1_____ r 7 , t\ .--t. tJ 1ft; 0 s2i ( s=G MAP r `+~%' ,—r—"' P-.1 - \ - — \1= _ 1i 1 i RID..^.., „,,„. „�efI �. \\\ I ----J C C l i / I �l 8 8 \ .�. r� I __ - — ---. ' \ . \c;\ I 1 r- - " N! I I \ J�2 \ : i I ' ;7�} i'- \ t— ��j \u!AP 44* r } 1 \ \ I J p1 , - _ _ . /11/ 1.1 1. . FI `1 n ii pi iq's r-°� .•--'.--fi�% fr^^ _^ter..;.�,l �_ /, 1 �r f - r ii COUNT:f 826 B03,3_0 Cr COl2lISSIONEPS ?ction ACTION i;GE-1.7,..`aL Trz71 DATE 11/11/P1 Selbje-Ct: Proposed text changes to the Zoning Ordinance I Lep.a=7.E.n.t.: plannin, Fublic Hearing X yes '''Attacilment(s) -' Text Amendments Rick Cannity Pgs 1-7 13- ne 732-3181- EXT. 347 receive citizen input and comments on proposed changes to the zoning ordinance. NEEn: The following sections are proposed to be amended or modified: 2_1.4 - add the appeal process for Class A. Special Use Permits 23 3,4 - clarify the ntoice requirements for Board of Adjustment cases . 6,7 - add requirements for accessory structure setbacks in residential districts 616,6,2 - add requirements for placement of accessory structures to be used in home occupations on lots less than 200,000 square feet, 7.10 - clarify the restrictions on permitted uses in planned developments 9.4-13.5 Aoclication procedures for special uses Article 22 - add definitions for traffic counts of low, medium and high The proposed changes will clarify the zoning text and make review of proped projects, and the administration of the ordinance easier, RECOMMENDATION: Staff recommends approval 1 144 82 rt 2.1.4 Appeal of Board of County Commissioners Action Every decision concerning a Class A Special Use Permit shall be subject to review at the instance of any aggrieved .oarty by the Superior Court by proceedings in the nature of certiorati. The appeal to the Superior Court must DE riled' within 30 days of the filing of the decision of the Board by the Zoning Officer in his office or the delivery of the notice of the decision to the applicant whichever is later. , Anneal of decisions by the Board since the adoption of the Zoninc Ordinance on Sectember :%, 1981 shall be made within 30 days of the adoption of this amendment._ 2.3,2.4 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general circulation in the County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than fifteen days nor more than twenty-five days prior to the meeting date. In the case of applications for a Class B Special Use Permit or variance toe honing uzzice.„ sue.— give writTe'n notice by certified mail to adjacent property owners. This notice shall be given not less than 1S days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The Zoning Officer shall also post on the applicants affected property a notice of the Board meeting at least 15 days prior to the meeting date. . . 145 828 6.16.6.2,g) If a new accessory structure is to be used for a home occupation, the following criteria must be met: 1, The accessory building shall be set back at least 30' farther from the road than the residence. 2 The accessory building shall not be closer than 40' to the side and rear property lines. 3 The accessory building shall be adequately screened from view of the road and the adjacent property by a densely planted evergreen hedge of shrubs or trees. 4. Any outside storage of materials for use in the home occupation shall ha totally screened from the road and from adjacent property in the same manner as the accessory structure. The outside storage area shall not exceed 500 square feet. The minimum setback for the storage area shall be the same as for the accessory building. 6.7 Accessor,: Structures In Residential Districts Accessory structures shall not be erected in any required front setback or any closer to the road right of way than the residence, whichever is creater. This provision shall .apply to Iots with less than 200,000 square feet of area. On lots with an area reater than 200,000 sauare feet, an accessory structure shall meet all applicable dimensional recuirements. 4 825 146 7.10 Restrictions On Permitted Uses The principal use or uses in a Planned development shall be as allowed for the correspondin zonin,- district. The principal use and any proposed accessory uses for a partic- ular Planned development shall be stated in the application and shown on the site plan. Piter the planned development has been aoProved, changes in any principa use or accesso y use shall constitute a channe in the planned Peve_opment eon reauire approval b the Board of County Commissioners. 14/ C; 6.4.2 Contents of Application for Approval of A Special Use The application for approval of a Special Use shall be .submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics shall be disclosed. Additionally, the forms shall, when comoleted by the applicant, disclose the name (s) and address (esi of the owner (s) of the property involved, and all relevan!- information needed to show compliance with_ the general and specific standards governing the Special Use which is the subject of the application, (See Section 8.2) 8.4.3 Recommendation Submitted to planning Board or Board of Adjustment The Zoning Officer shall submit the analysis and recommen- dation to the first regular meeting of the Planning Board in the case of Class A Special Uses or the doara or :icjustment in the case of Class 3 special Uses, after expiration of the 30 day oeriod specified in 8.4.2 or any extension thereof. 8.4.4 Public Hearin- RecuirP1 Notice Specified, Prior to consideration of the application for approval of a Special Use, a public hearing thereon shall be held by either the Board of County Commissioners or Board of Adjustment, as appropriate for the classificon of the Special Use involved, The Zoning Officer shall give public notice of the date, time and place of the public hearing to be held to receive comments, testimony and exhibits pertaining to the application for approval of a Special Use. Such notice shall be published in a newspaper of general circu- lation in the County. The notice shall appear once a week for two consecutive weeks; the first insertion to be not less than 13 days nor more than 25 days prior 'co the public hearing date. Written notice shall be sent by certified mail to all adjacent property owners not less than 15 days before the public hearing date. Adjacent property owners are those whose property lies within 500 feet of the affected :4operty and whom are currently listed as property owners in Orange County tax records. The Zoning Officer shall post on the applicants affected property a notice of the public hearing at least 10 days prior to the date of said meeting. 831 148 84.5 Presentation Of Evidence At Public Hearings The Chairperson of the Board shall administer oaths to any • witness wishing to present evidence, testimony or exhibits concerning the Special Use Permit aoplication. 8.4.6 Planning Board' Action on Class A Soecial Uses, The Planning Board, within thirty (30) days of the public hearing shall prepare and submit to the Board of Commissioners a recommendation concerning the disposition of the application. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. 8.4.7 Action On The Application After completion of the public hearing, the Board of County Commissioners or the Board of Adjusnent, as appropriate, shall take action upon the application. This action shall be one of the following: a) Approval; b) Approval with conditions attached; • c) Denial. In every case, the action of the Board shall include a summary of the evidence supporting the action taken by it on the application. 8.4.8 Imposed Conditions. The Board of County Commissioners or the Board of Adjustment, as appropriate, may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, • safety and general welfare, ensure that substantial justice is done and equitable treatment orovided. Such conditions shall run with the land and use, and shall be binding on the original applicant (s) as well as all successors, assigns and heirs. 143 83 *B .9 Withdrawal of Application An applicant may withdraw their applications at any time by • written notice to the County Manager. However, any withdrawal of an application after the printing of the first notice as reauired in 8.4-4 shall have the same effect as a denial of the petition. *8.410 Effect of Denial on Subseouent Petitions When the Board of County Commissioners or Board of Adjustment as appropriate, shall have denied an application, the Board of County Commissioners or Board of Adjustment shall not receive another application for the same or similar petition • affecting the same property or a portion thereof until the ex- *Amended piration of a one year period, extending from the date of denial. 10/4/52 E.5 Action Subsequent To The Board Action The Zoning Officer shall notify the applicant of the disposition which the Board made of the matter. This notice shall be made • by certified mail within 30 days of the Board's action, The Zoning Officer shall simultaneously keep on file a copy of the Board's action. *The Orange County Manager shall certify that the Special Use Permit with any imposed conditions is as approved by the Board of County Conmissioners or Board of Adjustment, as appropriate. The Zoning Officer shall see to the faithful execution of all portions of the Board's actions including the enforcement of all conditions which may have been attached to the approval of a Special Use Permit. *Rmencled. 7/6/82 83,`. 150 ARTICLE 22 Traffic Generation; Low - Uses which generate less that 200 vehicle trips per day. Traffic Generation; Medium - Uses which generate between 200-B00 vehicle trips per day, Traffic Generation; High - Uses which generate more than BOO vehicle trips per day. Vehicle Trip- a vehicle trip occurs when one vehicle travels from a point of origin to a point of destination. CRA:,ZE ccr 15/ Be?..RD o Ca2-1ISSIONEFS Action. 21.7,..n-1- .834 Iten ACP TC,'N IVF:ST..?..C17 ri liNG DATE November 22, 1982 Sect: Amendment to the Land Use Plan for Piedmont Power Company Planned Development- - Office Institutional and Class A Special Use Permit Cepaent: planning . 1 Public ri_rlg X yes no l'Ittachlt(s) : Map of Harmon Young Activity -Lniorma#cn CcrItact: Susan Smith node revision Phbze 732-8181 EXT. 359 1-'1171:47SE To receive citizen input and comments on the proposed change to the Land Use Plan for 33.92 acres referred to as Piedmont Power Company Operations Center from Rural Residential to Commercial Transition activity node N''-Th The applicant has requested a PD-OI designation for 33.92 acres located south of 1-85 on the east side of WC.86 in Hillsborough Township to construct an office building and a maintenance/warehouse facility, The tract is bounded on ts north by Joppa Oaks subdivision; on the east by Duke Forest; on the south by the properties of David Jones and Richard Jones; and on the west by Wood Ryothers complex and property of Kendrick Estates Investment Corporation, The proposed change to the Land Use Plan would extend the Harmon Yount (110-4) Commer- r:ial Transition activity node south along the right-of-way N.C.86 to eacompss the Piedmont Power property. The proposed amendment to the Land Use Plan would allow for the proposed use of the tract. IMf'ACT: The proposed change to the Land Use Plan would extend the Harmon Young,(HD-4) Commercial Transition activity node south along the western edge of the right- of-way of N.C.. 86 to the northern porparty line of the Piedmont Power property, west along said property line and continuing around the perimeter of the property, than north along the eastern edge of the right-of-way of N..C. 86 to the edge of the existing activity node, The requested change is reasonable given the nature of the proposed use, The proposal would not be incompatible with the existing development in the area. The site has adequate access via NC. 86, An on-site sewage disposal system and well are proposed to serve the facilities.. RT.CO:O1F2TDATJON: The Planning Staff recommends approval of the requested chang,, to the Land Use Plan. Staff will he reviewing and revising the entire HR-4 activity node at a later date as part of the annual work program, 4 83 f'-' 1 6.;=.1 . . -,,,.__:;..•-.,44 V . :t 7=t; n 1 . 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' . ;' ijlic......„...... „,...,.....:.: ::.„..... ,.........,.:....,,,,,.....,ii:.,..._,..„.„:„...,.....„:.,,,,:.,t27.) .... .. ;._,..r......„.....,.,:,..,......... „......_,,,,,.. ,...,...,.,.: „..,..,::::,. . • , .... . , 1 ) , \\ kl '''■ P — ---,A - •,, '' ' ........ . .. ... ....•. ..."0 •..,.,....,.... -k,...,,,,,-....•• ..„/- \7—`-...„ __Jr-N... g -...,....4,,c...,...„-s.).,.,:.■ M.M.rr./..r....t..11,r..,!;v:e.:r.,:.7g,..:.-4 0,1 npr$rx.•,-1.,,tn.:tva 1„,...,4 t.,,,i,,,j7;:::"......;,,,LI „,,.,.., 153 MANGE CCU= g3E; 1301,11D 07' caRtssic-NEPs Action 1;.3.=--r,-1z. 6-5 ACTICN AGENDA TTEN .TIBSTRACT Iten :o MEETING DATE Nov,..mber 22, 1982 Subject: Request by Piedmont Power Company for Rezoning to Planned Development- Office Institutional and Class A Special Use Permit • Cepa=tMnt: Plann!nn Fu011c H=R"ing: • YeS Attact=rit(s) : Plan; Tax :lap, pg.1; T01.. atiC.n Contact Rick Cannity arrative, pg. 2-C; Application, pg. 9-11; Ltrs. , pg.. 13-15; Staff Findings, pg. 17-26 11-'4ne NI:M71.2eX: 732-8181 ext. 347 ?(IRPOSE: To receive input and comments concerning an application for a Planned Development- Office Institutional rezoning and Class A Special Use Permit. The applicant has requested a PD-OI designation for property located on RC 86. An office building to serve customers and a maintenance/warehouse facility is planned by the applicant. The 33,92 acre tract is proposed to have access only onto HC 86. Traffic figures for NC 86 are 4,100 trips/day (1981). The Orange County Hzalth Department has approved the lot for on site sewage disposal and a well is proposed, The site is wooded and the building is proposed to be set hack from the road; it is also located in Orange Rural Fire District.. zy.r.$,c7: The property is located in a Rural Residential area as designated by the Land Use Plan. For the proposed use to conform to the Land Use Plan the commercial transition activity node(Harmon Young node HB-4) would need to be extended south along NC 86 to encompass this tract, The development intensity of the prc:posal meets the minimums required for open space; pedestrian/landscape space and does not exceed the maximum allowed Floor Area./ :BCOM:IENDT,TION: Staff recommends approval of the project with conditions. . - ORANGE COUNTY COMMISSIONERS Room No 12 106 EAST MARGARET LANE HILLSBOROUGH. N. C. 27278 sucliAiDL IvIIITITD,CA-fr.NORMAN GUSTAVESON SNIRLRY E MAMMAL!. NORMAN WALKER DON wiLthorr MEMORANDUM TO: The Board FROM: The Clerk RE: Special Use Permit Public Hearing DATE: 1 /19/82 The PubliC Hearing on Piedmont Power for a Class A Special Use Permit MUST be adjourned to a specific time and place for the .uriose of receivingithe Planning Board recommendation. Please be sure that any motion to adjourn the Public Hearing specifies when and where for the recommendation. The Public Hearing will remain open for Piedmont ower's request for the Commissioners to receive the Planning Board recommendation only. -......, _ 83*.i "1-- ,Ir '''''■- '-''' / _7''';-"•9--.:,- '.--.„ • 154 --„,, \ - . - ...__ \ \ s. ,• \ ..7 3'..':17 AC , ,.„ 1 if , E1153 '.-- -V ,.,. / • .. .-...„,..,.. [V ( r , ,\ 4I \ 1,;11,11..... I / ; ,,, . .,• , „__- fi2.P.- ' f 317,) \ 1 I , -_. WS/ ' ■''..' / i 1 ':"'• r:Mr.,,:i. ---...... , - \:-7 1\7--92,\\ \ r 10 ''''-`-...,.--:-:-•,,-..,... ra039 I/ :-...: //.._ . ..„.....,4„,.. ..,,,......._ . !;■:)., 9 05?./,...- ___ 7 ( s PR-°' ---,--,_.----.....:-.. I; , :- AC 1,1 7 AC-,,,,,,,\r", \ , \‘.... ' ' .116); .."---.7:--x-„,--. --:-.-...-... !l,,r -•:-X''.-: , ------''-' '''''"{ 1 7 AC '\.,':' ' 1,",c4'1-1,,,,,--;,•••'-.--- --;.-....'''• &':--•:.:'1.1-',c --'''' \-----:-- ---- ...; H-"? . 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EIELO Piedmont tias requested a rezoning to PD-01 in a tract of land in Hillsborough Township. The area of the parcel is 33.92 acres, it is on NC86 south of the town of Hillaborou-.4 adjacent to Joppa Oaks and Duke Forest and across fromWood Brothers coanerical used. As previ. , .ly indicated the adopted Land Use Plan'would have to be amended in order to acc.lodate the proposed use. Piedmont purchased this property in 1974 with the intention of using the site as an office building and yard storage area after the purchase, the cooper- ation made application of Washing D.C. for the approval to go ahead with the planning and design of the structure. During the late 1970's and early 1980's i Orange County was developing a land use plan and zoning ordinance which would I be applied to rillsborough Township on September 2, 1982. The property was zoned Er.l whic.i aeons it could be used for residential purposes at a density of one unit to the acre. Piedmont brought the problem to the attention of the Plan- ning Staff. The Staff outlined the options open to the developer and the developers decided to apply for a planned develo-pment designation. The Oran i e County Health Department has approvedS1te aft-ia- ioground sewage disposal system for the Office Building. However, the developers are continuing to investigati the possibility of extending a sanitary sewer line from the existing service near the intersection of US 70 and NC 86. The application contains letters from the Orange County Sheriffs Department, and rescue squad which state they I can provde service to the develowent. Orange Rural Fire Department wrote that it can servicie the building. I The application contained all the pertinent material required by seed= 8.8. The site is located adjacent to NC 86 which is designated as a arterial in the adopted Lpnd Use Plan. According to the most recent figures of the NC DOT there are 41 motor vehicle trips/per day along this section of the road. The Planning IStaff estimates that this development will generate 1450 motor vehicle — trips per d4 The two proposed entrances to the site have good sight distance in both directions. The service entrance which is 186' north of the public en- trance shoulcl be paved according to state secondary road standards rather than be a gravel road as suggested in the application. The ph)4i.cal character of the site lends itself to the proposed development. The site p14 shows a 100' wide buffer along the property lines to the north, east and south. The high elevation of the site is 702' near where the developer pro- posed to ins all a radio coamunication tower to a low point of 631' near the T northern property line at NC 86. The site plan indicated that a good amount of the existin; vegetation should remain, there will be considerable clearing and grading iri,olved in the construction of the proposed outdoor storage areas. The building does not exceed the maximum allowed floor areas, or he Nor does it exceed the macimum allowed intensity of deve heights. development. The signs, used to identify the project and give directions within the project shall meet all sections o` Article 9. If the application for rezoning is approved and the application for the Special Use P 't granted, the Planning Staff suggests the following conditions . be attached to the Special. Use Permit. 1. That all signs for the development shall be according to Section 7. 16 and Article 9 of the Zoning Ordinance. 2. Drainage, soil erosion and sedimentation plans shall be reviewed and approved by Orange County. The installation of control devices and bn going construction work shall be inspected by Orange County. The site shall at all times be in conformance with the Soil Erosion and Sedimentation Control Oridnance. 3. That the proposed dumpster be placed on a 10' x 20' concrete pad 6" thick, with wire mesh. 4. That the service entrance from NC-86 to the entrance gate into the storage yard be aved to N.C. Department of Transportation Secondary road stan- dards. 5. That the developer mark the 100' buffer on the perimeter of the site and take pre autions to insure that the grading contractor does not disturb the area 6. The final site plan g approval of the project changes,' are in- es and narrative of the project incorporating all chap deletions and additions through the final a ' (, corporated herein and made part of the Special Use Permit. A. copy of the t final sie plan and narrative are to be maintained on file with the Orange County Panning Department. Only those uses specified in the project narrative and on the site plan, including but not necessarily limited to the offices, warehousing, maintenance service and outside storage of utility materials will be permitted at the office facility. All improvements as indicated shall be constructed according to the consturc- Lion sc �edule set forth in this P ermit 7. The fol owing construction schedule shall be adhered to by the applicant. Construction shall begin within six months of the issuance of the Special - Use Permit. 8. All necessary easement5to permit utility (electricity, telephone, sewer and watr) installation, servicing and hookups to the development shall be provided at no cost to the utility provider. 4 ZONING ORDINANCE TEXT CHANGES I will briefly discuss the proposed text changes to the Zoning Ordinance. 1 The change in section 2.1.4 would add a appeal procedure for Board of Commissioners section on Class A Special Use Permits. There is a present procdure for such appeal of Board of Adjustment decisions. The section covers all future decisions and 1 past actions. Past decisions must be appealed within 30 days of the adoption of the proposed amendment. Section 2.3.3.4 would change the public notice requize ents for Board of Adjustment cases involving interpertations of the zoning ordinance. Advertise- ments of the scljieduled meeting and the itemized adgenda would have to be published in a paper of g re ral circulation in the County. Section 6.1 would be amended to read that accessory structures shall not be erected in any required front setback or any closer to the road right of way that the residence; which ever is greater, This "lsion shall pn� apply to lots with less than. 200.000 square feet of area. On lots frith an area greater than 200,000 square feet any accessory struc- ture shall tree all applicable dimensional requirements. Section 646.6.2 0 the exi.sting:section'on hoMe occupations on lots less than 200,0000 square feet would be expanded to include the ideals contained in the section for Home Occupations on lots greater than 200,000 square feet. In particular: If a new ccessory structure is to be used for a home occupation the folk Jng criteria shall be met: 1. The accessory building shall be set back at least 30' farther from the road than the residence. 2. The accessory building shall not be closer than 40' to the side and rear property lines. 3. The accessory building shall be adequately screened from view of the road and the adjacent property by a densely planted evergreen hedge of shrubs or trees. 4. Any outside storage of materials for use in the ham occupation shall be totally screened from the road and adjacent property in the same manner as the accessory structure. The outside storage area shall not exceed 500 square feet. The minimum setback for the storage area Shall be the same as for the accessory building. Section 7.10, the proposed amendment would clarify the existing section. I Principal uses shall be as allowed for the corresponding zoning district. Accessory uses woluld be as stated in the application and shown on the site plan. After the appli+tion has been approved no change in principal, or accessory uses would be allowe 1, except through a modifirAtion to the approved site plan. 1 The revisions to Section 8,4 and 8.5 would incorporate the Administrative requirements from' Article 2 in these sections. 8.4.2 specifies what should be contained in anl application 8.4.5 states that the Chair of the Board, either the Board of Commis 'oners or Board of Adjustment shall administer oaths to those individuals wishing to give testimony about the application. ilBThe addit to Article 22 include definitions for low, nedium and high traffic gmerat'on, and a definition for vehicle trips, which is a vehicle trip occurs when one - icle travels from a point of orgin to a point of destination. 156 836 r_; a wC U; RTBi S BUILDING �: C E ; a l C ' . i ..;► '' '' .. 'I° N13 :RV}IP CO O a I_ON. G C1 „ HIGH AY ;Nl86 SO HIL .. OROUf-H ., PIR T I- CAROL€;J A C H t AB I-iIT C T B9, W1�K NB LL � A ADA S , RA_ :.. SNOW "BUILDING: - DURHA4.J ,�I.0 _ 1_ANDSC. P8 RUF US G. CC, ULTBi , A.S !..--. DURHA.j1 I.C.- - �i ROSr-RT A, JC.9BS 2. ASSOCIATES 3a? ` : . niLLSBOROUCIH,,�1.C. Ala SJ i1 i +,.i�i"+ . LANI.,lM RIK E 1C 1i\J �t -aURV Y t ` C SC'?L S SJ1L ? 1. ! i`,i 1�z ;5 ANC �.�? i',NI= x RAL= IGH ,N.w` S T P.iC`1'U \1 IA/ ;�3.G "� Da iER,EjR. 2 ..ASSO 1 S . r- - NARRATIVE OCTOBER `1S ,i-0 „ 835 156 • REQUEST The Owner, Piedmont Electric Membership Coroporation, seeks a rezoning to Planned Development - Office Institutional and a Special Use Permit for Property presently. zoned Rural Residential. SITE LOCATION & QFIARACTERISTICS The 33.92 acre site is located on the east side of N,C. 86, an arterial roads and is south of interstate 1-85. Contiguious property owners are Joppa Oaks Estate Sub-Division, Duke University Forest, Willie D. Jones, Archie E. Millis, and Kendrick Estates Investment Corporation. • A three-phase power distribuiton line exists along the west side of N.0 86, and a single-phase power service exists along the eastern property line, with a thirty foot wide easement. Underground telephone lines exists in each shoulder of C. 86. A sixty foot wide easement (Book 29L, page 136) exists along the northern and eastern property lines, providing an access road to the Willie D. Jones property. Public water and sewer does not exist to the site. Proximity of existing pub,..c utilities, however, is being investigated in order to determine the feasiility of extending such services to the site as opposed to an on-site well and waste treatment facilities. A location for a well and for a septic tank and field has been established on the site should this measure become necessary 4 Being a major artery between Hillsborough and Chapel Hill, with a hundred foot right-of-way, good line of sight distance exists on N.C. 86 at the property: South - 850 feet, North - 800 feet. Because of the arterial relationship to Hillsborough, the area is easily served by the Orange County Sheriff's Depart- ment, the Orange County Rescue Squad, and the Orange County Fire Department. The setting of the property is one of natural repose and forested with mature deciduous trees. A ridge running east to west, about mid-way between the northern and southern boundaries, punctuates the site The land slopes away from the ridge in all directions at a 10% to 12% slope, gently flattening out in the norther quadrant, Major rock outcroppings on the northern slope. As is characteristic of so much of the terrain in Hillsborough, the site is rustic and beautiful, inviting recognition and respect for the setting,. The Owner, as a long standing member of the Hillsborough business cormunity and who wishes to remain so, very sensitively recognized this as the search was begun to find land adequate to meet the growth demands which have occurred and are anticipated within the electric membership corporation. 846 '15 ; SITE SEARCH 8, SELECTION In any business enterprise, management has to recognize when growth begins to outstrip existing spaces and when functional relationships are being sufficiently strained to endanger the efficiency of operations Several years ago Piedmont Electric Membership Cooperation, because of growth and forecasts, recognized such was the impending situation for them. - - With a commitment to remain a corporate citizen of the Hillsborough com- munity, a search was begun to locate properry sufficient in size and char- acter to acconmodate both their administrative and operations centers on a common. site, Because the need included not only buildings but extensive yard storage as well, the site had to be large. Due to the service functions of the cooperative, the location had to be directly related to major traffic arteries. The site which ?EMC seleceted was the only one available in the c:.9a that met all these criteria. Therefore the property was purchased and registered with Orange County as the site for Office Building, Storage Yard, and Related Power Company Facilities on October 31, 1974. In March, 1975, the architectural firm of Keener and Williams, P.A. was commissioned for professional services in developing the program for a new headquarters building and operations center. During the last half of 1975, PEMC conducted and analysis of its present and future needs, department by department. In 1976, activity concerning the new facility slowed, due to multi-minion dollar transmission line contracts under construction. Begin- . ning in 1977, PEMC and the architect began to solidify the program require- ments_ In May, 1977 schematics were developed and applications submitted to the Rural Electrification Administration for review and approval. Between 1977 and 1980 refinements to the program and schematics were made, all the time keeping REA appraised and involved_ In May, 1980, a Soils Engineer was engaged to perform seismic surveys in order to determine the predominance of rock beneath the surface of the site. Following that, revised applications and schematic drawings were presented to BEA for review and funding. Satisfied that all aspects of the programs have been thoroughly explored, that the site more than adequately accommodates the criteria, and that the necessary funding is available, PEMC has authorized Keener, Williams and Ad7,ms, P.A. to proceed as quickly as possible with design development documents, Following all necessary approvals, the architects have beet' instructed to proceed immediately with contract documents, with construc- tion to begin as early in 1983 as possible.. 841 15 • SITE DEVELOPMENT The program calls for the site to serve a dual function. The Headquarters Building relates directly to the public: adminstration, membership relations, billing, accounting, and data Processing. The Operations Center incorporates the service functions end is not related to the public: warehousing, yard storege, line and service 'crews, operations management, engineering, and monitoring/dispatchine, The character of the site delimits these functional relationships naturally and well The "public" side of the property occurs on the southwestern quadrant of the site, relating directly to N.C. 86. Visual glimpses up the slope introduces the building, A sign, of maximum allowable proportions, anchors the public at - hce at N.C. 66 and identifies the corporation. The "service" side of th, property is to the north and east, protected and screened off from the public by natural barriers. A sign of lesser proportions designates this entrance as private. The "public" side is open and inviting. The "service" side is visually closed and protected by a security fence. Public access and service access has been separated. The road gently leads one into the site and to the crest of the property where the building appears to rise up out of the ground. The road is designed to move naturally across the landscape, respecting the subtleties of the site that occur along the way. The service access occurs at the northern end of the property where the land is flatter, The road moves through a natural setting to a point where it enters into and becomes a part of the storage yard. From that point it continues around the eastern side of the property and into the warehousing yard. Public and personnel parking occurs on the "public" side of the property, being sited with respect to the contours and in a manner that retains as much of the natural character of the setting as possible. The building and land- scape are used to physically separate and screen off the service side of the Operations Center. All service vehicles park in the warehouse yard. Power and telephone lines enter the site from N.C. 86 and are installed under- ground to the building. The public drive, parking, and building will have night lighting that provides visual accessiblity and security, and will harmonize with the natural landscape. The service road, yard and warehousing area will have security lighting oriented to focus into the site. A 200' to 300' high radio antenna limited to PENC's operation will be located on the highest point of the site, near the warehouse yard. Closed circuit television monitoring of the site is being Considered. The building has been situated on the site in such a way as to take maximum ad- vantage of orientation and view. From N.C. 86, the view presents a low structure that appears to be an extension of the hilltop. The drives and parking have been slightly carved out of the land, letting the landscape get back to its natural state as quickly as possible. Offices have been placed along the southern ex- posure, inviting the sun and view, The warehouse, yard, and service road are orientated to the east, turning their backs to the winter winds and inviting the warmth of the winter sun. Of paramount importance is the recognition of and respect for the adjoining property owners . A minimum of a one hundred foot natural buffer has been honored entire property. Visual and acoustical factors have been sensitively considered, with a conscious use of building, land form, and dense buffero to filter out these concerns. et 4 4. 159 ARCHITECTURAL STATEMENT The building is designed as a one—story structure to harmonize with the settir , and appear as a natural extension of the crest of the site. The floor and the round become the same plane, The roof has a' gentle slope that acknowledges the sloping terrain, and hovers over the building much like the tree canopy V4Th react to the spaces they envelope, rising up and receding much like the r. tcroppings in the area. Glass is used to invite natural light, permit passive solar energy, and to allow an intimate relationship between the inter ior spaces and the landscape, Materials and finishes take on a natural char- acter, matching the tone, texture, and grain of the setting. All too frequently, designers tend to overemphasize the importance of the physical shell they are creating, thinking their personal additions will have an overwhelming impact on those who come to use it The architectural firm of Keener, Williams, and Adams feels very strongly that to the contrary, any additions or modifications that are made to a site such as the one PEMC has should appear as a natural form, and only a modification of the continuous total interplay between inhabitants and their surroundings, Therefore, it is hoped the building will be viewed and accepted as a very natural part of the site; that it will have to offer no apologies for its existence; that it will be devoid of applied ornamentation but ex.press itself with clarity; that it will be sincere, warm, humane, and evoke a sense of charm and familiarity. 4 8 4 a 160 JUSTIFICATION Since the property was purchased by PEMC in 1974, an Orange County Zoning Ordinance has been adopted which places the site in a Rural Residental Zone.. Therefore, in order for PEMC to construct a Headquarters Building and Opera- Lions Center on the site, a special use permit must be sought. Justification sufficient to persuade all concerned parties that the health, safety, welfare and tranquility of the area will not be jeopardized by such development must be presented, As a result, of careful consideration to these concerns by the Owner and Architect, along with other consultants, the position is taken that the area will not be penalized or violated as a result of PEMC developing the site- Quite to the contrary, it is hoped that the narrative more than sub- stantiates that the Owner has approached the entire scope of the project sensitively, and that the desire of PEMC is to be a good neighbor that, in fact, enhances the entire area. The requested special use permit to Design Development - Office Institutional is being made with highest regard for present occup nts and landowners in this Eurel Residential area. PEMC feels it has satisfied all its program on the e .. , and in relation eo N.C. 66 and contiguous properties without adversly impacting traffic patterns or the community environment. Piedmont Elelctric Membership Corporation is a non-profit, community oriented business which must, by its very existence, be easily accessible to the coreen- ities and customers in serves, To this end, the direct relationship of this site location to major arteries, such as LC. 86 and 1-85, is of utmost impor- tance, At the same time, PEMC is not such that traffic is adversly impacted by its day-to-day operation, since the business will impact N.C, 86 with not more than two hundred counts per day. PEMC presently has 53 employees and anticipates growth not to exceed 75 employees . Since tremendous areas of the site are being left undisturbed and large natural buffers are being retained around the entire perimeter of the property, excellent visual screening and acoustical diffusion has been achieved. Coupled with the fact that ?EMC is a clean, non-hazardous business, the tranquility of the area remains unchallenged. The placement of this long-term investment in this area, by a corporation already a well established and respected citizen of the Hillsborough business community, will enhance and even provide a stabilizing influence on the entire commenity. Without this type of long-term investment, one might well expect continued attempts at small scale commercial development that brings with it changing land use char- acter. from one tennent to another as market conditions change. The type land use offered in this request does not tend to encourage such strip commercial development. The requested land use plan allows for extensive review and protection of adjacent prcperties, both for now and the future. Not only does this request enhance and protect adjacent properties, it also recognizes the potential that lands adjacent to and across N.C. 86 will be made more valuable by such development activity as PEMC is proposing. That the area has land with a potential for office, institutional, and industrial . . growth due to the impact of 1-65, N.C. 86, future 1-40 and the railroad should not, however, be overlooked. In fact, this would appear to be harmonious with 8 44 1 6 i 'Page 2 long range planning considerations, since an assumption could be made that some propes in the area may already be viewed as transitional in use when compared to rising land values generated by these very factors. In conclusion, one might validly assume that the development PEMC is proposing has in it the ability to serve as an anchor for a high quality office, institu- tional, and industrial complex that could become the pride of the commuaity,_ Job opportunities as well as an increased tax base for the entire county of Orange can readily be realized from this 845 1b2 . .., . ,-.i. .S•.,,„‘,...,, 4\e'C'1,•*-"'..Z:::,VC)''... 1---. - - . \ It ' ..1 •, Ky \I t) ',41”11,10,11.,‘ 1■ZSI zi. 4, N :N.,4-. 4 tV ''i 4 9.‘ ...‘g 1 Ni ',,k•,c, • Vt .1 1, \ v 1't': t`. "•"4` b `i V tt c.) ,.,1 D ,,,,q 1 : \'•4-,,!- N 1 '''s •nnj•• -..-...,...50 .......t..pc);:r......- k3 L tlI i „7 ,...33.-------.*-e..•*■;-----.0..--- •,-.v.t.L., t 3 1 1.\V.; 1)TA Q■ 1, V S) \\4 cN* \ N l•t) i i'.... n"n' 'n'Z'i 1 'S"7:1 .n:st'i l':. ttl n 11:4Xt. 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''.7..'-P.,-.;_-:.-.:_-„.....,;;.-.:""`''''...,..:r.,..•••,»1 _, 7'7...7 ' .%'47,;t:''.7.;6.il,'...4,..,,,,,,:.?:,,...:...t.:;.2t.ff,;...t,t4S'Ii..t.:.4-t!'''''';•rt.3...;4.''::t.:•,:-.-;.:X:::..,...:.tt,',7.;,,.:;."1:.r',..=.--...--;-----■-• .:.;L...71:::: ,7.1:7;•,:..:'3-+":"-';+' .--•,'"..•-••' • ' -—' 1_- - a�"� �u ApPLICKTIOU FOR CHANGE OF ZONING DISTRICT CLASSIFICATION DATE The Honorable Board of County Com ssioners Orange County, North Carolina COMNZSSIOBER3: The undersigned request that property located on Tax Map ;umber 45 Bloch number 64 ^ Lot number. 32 , Shown on the accompanying plat, which is presently in a " ^ District be rezoned to PD-oz SPECIAL USE for the following reasons: The land was i purchased sever (7) years prior to the zoning ordinance and the planning far the new al z°"^l^^^.~ has gone forward to the present time See attached narra ----------- Address: i �Piedmont Electric --- P o Drawer 1179 L o �l�no Engineering u Operations xizlsbocoush, N.C. 2727S Manager of( 164 NOTICE OF APPEAL TO ORANGE COUNTY BOARD OF ADJUST.. 7 OR REQUEST SPECIAL USE ?EMIT Notice is hereby given the Board of Adjustment and the Zoning Officer of an appeal from the ruling of the zoning Officer on the 15 day of October , 19 which ordered that Piedmont Electric Membership Corporation, Hillsboro...::-h, N. C. E. C. or I request a Special Use PerAit as provided for in Section 8. A. 1 for premises located on E. C. 85 Smith, Tay Men L5. block number 64, lot 37 said premises being within the area of jursidiction of a Zoning Ordinance for Orange , e County as applied to Chapel Bill and Eno Townships, adopted by the Orange County Board of Commissioners. Title for this property is in the name of Piedmont Electric Membership Corporation, Inc. • The grounds for this appeal are as follows: The land was mirchaserl sevm,, (7) prior to the Zoning Ordinance and the planning for new operational faciltias '.e e.one forward to present time. October 15, 1982 Date 'TL.D. Anon, Mar. 'Pricy-, I, Signature ( 2 Appellant 129 E. Tryon Street Address Hillsborough, N. C. If title to above mentioned property is not in the name of the applicant and appeal is on behalf of such property, attach a letter from the owner signifying his acprov .. Appeal must be ecoompanied by a small scale vicinity map, showing exact location of of property with respect to existing streets, street numbers and size of lots, nature Of adjacent property uses, and other important features, within and contiguous to the property. The names of the owners of all lots within 300 feet in all directionfrom the property will be shown. R4\ $§5 1 / t x \ ! \ § /\ G 5 � 0 f k •-• 0 0 R k ,/ 0\ c. ri = S \ a c © \ - .- i - U ~ 0 g ; / / --I c}•,. .. G 2 a 2.42 \ o\ , \ \ \ ° \ T. / \ A = % _ 0 C / / 5 § ° j ` C o ' \ \ @ / ; ..:•-..1 \ 2 0 - C) & . - - w! _ 1 \ 3 ® . J. • 2 \ - _ { m � / . . / / ° :cn`-' , g \ —/a . \ w\ / f . % \ : w m 0 E \ o 2 , .. _ \ \ \ H \ < \ C 3 -,- e } § - m $ 2 / \! k \ 2 \ m G % / 2 S G g £ = s u ° k % / / ) S )� 5 � /2 0 «U / , 2 \ ) ± s B \ o \ A H w 0 \ \\ \ • 3 j e £ / \ \ .I ~ C. W 0 I-4 S 0 % e P.-\ S ] 0 0( ® w. \,. 5 t % 2 0 u m $ 2 ° \ \ \ ''4... 2 S "."-I A / § 0 w e e . 84S 166 "...7":;Te -4=..:,Ln' 2.777. • _— 7.'ORI; OROER 1 /61--(a) -re:2" ------ -- /7 TO,!NHIP TAX :iAP 1. ' --v5- ------------ ..„....,... : SLOO'n •-,.......---, LOT q c>9.7). ....e , NAN:: OF PROPERTY CnER: 57,/....e ,„-L, ...c..._;27,2‹ CM, .4.- -4JC4-1LA 1-1 -- ' - PERSON REQUESTING TE5T1 Jet(F-- / If -tifferent rrcm cxner - authcr;--ad by cwnez: YES . NO AMR:ISE:LP-4P ,. ,2 __9 • , • /..... x......_. , , ....,,,,„,„ 7 m. ... _ / - z a 1 / — OIRECTION/PROPcRTY OESCP,TPT7ON: , -- -- ,.. WORM REOUESTED: FEE PAID; PRELIMINARY LOT EVALUATION ANALYSIS . __-_-_11-1FROVEHENT PERHIT INSPECTION r CERTIFICATION OF COMPLETION IW-7.P=CTION ---_—___ PURPOSE OF REQUEST Ls tm determine suitabi21fy for g:cund abscrpt'cn swace ocmal syl7fm. SPECIFICATION OF PROPOSED STRUCTURE: . . . •■••.°1. "' -; -4411.1.7; 5wNER CF UTHORT7D glNT: ( s signacure inicatss pezmissicn 4.sjz.sefi-L7,?. ,tec :c snta: ;r : ? r : purr.cses aut:-Imrizsd cy :2-lis 4ork CZAL:-;TFIrT:rN CF ,--011 FCT rR CIRC17): r C S S S 3° SLOPE 0 TEXTURE (::) STRUCTURE c'. E) DEPTH Cz. RE':TRIrTDF C-) U .. U z c DRAINAGE OP '''S.71 "7-AelLITY qlp -2&—Isi,". sktAL.Lov.) ts ri.,A wur■vs../.T.-7)—e-Fr74-1 21:3--26r, 0 An. tNi-c-r-1 'i2-'" D 4 R.V-?...:vij". .5ITE CLASSIFICATIZ 1:.'IRCLE : c7.17 l',-, , SUITAELF ::N.FUWELE r-RCVia-1:0MALLY 51::7:CLL 7.=Isr=t'cn: A '14 85C MI LSBOROUGH VOLUNTEER FIRE DEPARTMINT 206 South Churion 5treel HaLSDOROUGH.NOT1TH CAROLS 27:178 John Form',Fire Cbitt October 15, 1982 The Hillsborough Volunteer Fire Department can provide Fire Services to area on N, C. 86, approximately two miles from center of Rillsborough. kicrj/ /-J Assistant Fire Chief 4 851 168 OMGT. PEON-Z 7::!-24,11 /EIG-LsBortoucli. F-41.=Y:CT-4APEL,I-7T 7, ;PEON:L. Fnicr[it Sheriff of Orange County HILLSBOROUGH, NORTH CAROLINA Octobek 15, 1982 To Whom It May Coneml: Ouk Jaktmemt wa.C. patnot the akea on new 86 4oth adjacert to Oafa Di.vaLon 6evekal timez do.n..i.n.g, a bhi6t. Thie ouk poZicy tick att. bubLnezzez atdthe new Piedmont Etectka. gembekhhiP Cokpokation (oat be added to =A patkoZ ahecfa. C. 19. Kn5h Sheni616 Orange Cou 'y CVK/p .16;3 85, 4 .,-, a 261 S. CrixrnoN ST, ExT, V., Nairrit CxxoLn;A. 27278 October 15, 1982 The Orange County Rescue Squad, Inc. , can provide emergency services to an area on State Highway No. 86 - one mile South of 1-85. J---(-7-g--- (2.- t Chief of Orange County Rescue Squad, Inc. .. ( ouc 170 PIEDMONT ELELITIC ;valBERSHIP COOPERATIVE N.C. 86 Hillsborough, N.C. ENPLOYER/E-PME.E DATA Number of Employees 60 Number of Employees that remain 3? on premises during the day "Number of Employees that go out 28 all day and leave parked vehicles Number of Contractors that come 3 in and leave parked vehicles Estimated number of customers 75 per day (50% of these occur at night) Some of these actually drive company vehicles, thereby not leaving parked vehicles when they are away from the facility 4 SOLID WASTE TP,EA1),E.NI There will be a septic tank and a shallow drain field as per the recommendation of the Orange County Health Department, 171 Piedmont Power Company's Class A Special Use Permit Application The following information is the Orange County Planning Staffs review of infor- mation concerning Piedmont Power's request for a Class A Special Use Permit under section 8 8 23 of the Orange County Zoning Ordinance, The corresponding zoning district applied for is Office-Institutional, The following evidence has been supplied by the applicant or by the Orange County Planning Department, Article 8 Special Uses: Ordinance requires: Findings: 8,2,1,a) The applicant shall have the The Planning Staff feels that burden of establishing, by competent the applicant has presented material and substantial evidence, competent material and sub- the existence of the facts and condi- stantial evidence for the tions which this ordinance requires for approval of the request; with approval; and the imposed conditions. 8.2,1 b) The Board shall make written The applicant has provided findings certifying compliance with figures that indicate complir e the specific rules governing such with Article 5 Dimensional individual Special Use and that the Requirements and Article 6, use, which is listed as a Special Use Application of Dimensional in the district in which it is proposed Requirements. There are no to be located, complies with all required requested variances from regulations and standards, including the requirements, provisions of Article 5 and 6 of this ordinance, unless greater or different regulations are contained in the indi- vidual standards for the specific Special Use, It shall be the res- ponsibility of the applicant to pre- sent evidence in the form of the testi- mony, exhibits, documents, models, plans and the like to support the application for approval of a Special Use, 4 • 85E 172 S.2,2 Where the Board finds a perpon- derance of evidence to indicate compli- ance with the general standards, spe- cific rules governing the specific use and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner that: a) The use will not promote the public a) The Planning Staff feels that health, safety and general welfare, if there is a perponderence of evident• located where proposed and developed to indicate compliance with the according to the pain as submitted; general standards and specific rule governing the Special Use and that the use complies generally with re- quired regulations . The following imposed conditions are to be con- , sidered a part of the general standards and specific rules for this request_ b) The use will not maintain or en- b) No evidence was presented to the hence the value of contiguous property Planning Staff to show that it will (unless the use is a public necessity, not en' ante or maintain property in which case the use need not main- values of contiguous property. cain or enhance the value of contiguous property); c) The use is not in compliance with c) The use proposed is not in con- the general plans for the physical devel- pliance with the present Planw opment of the county as embodied in these The Land Use Plan must be amended regulations or in the Comprehensive Plan, from Rural Residential, to a or portion thereof, adopted by the Board Commerical Transition Activity of County Commissioners. node for this use to be appropriate 8,2.4 In addition to the General Stand- dard'S stated in 82 the following Specific Standards shall be addressed by the applicant before the issuance of a Special Use Permit: a) Method and adequacy of provision of a) The Orange County Realth Depart- sewage disposal facilities, solid waste, ment has approved an area on this and water lot for an in ground sewage dispose system, The Planning Staff feels that eventually sanitary sewer lines should be extended to serve this site . A well will be located on the property for water, Solid waste disposal will be by contract a private hauler, 85 17 3 b) Method and adequacy of police, b) Police protection will be by the fire and rescue squad protection, Orange County Sheriff's Department, Fire portection will be provided by the Orange Rural Volunteer re Department, rescue protection Orange Rescue Squad. This dev_sp- ment should not present any problem to these agency's. c) Method and adequacy Qf vehicle c) This site is located in Hills - access to the site and traffic condi- borough Township on NC 86, A tions around the site. traffic count by the North Carolina Department of Transportation was 4,100 Motor Vehicles/DaY in 1981. This highway is designated as en Arterial by the Orange County Land Use Plan. The Planning Staff • estimates that this development will generate 450 trips per day. There are two entrances proposed for this development; the public entrance is located 186' south of the service entrance, d) Specific requirements of all special use requestes: 8.8 a) The following additional infor- The following are specific req nation is required for all Special Use ments for this special use request: Applications: Three copies of the Site Plan prepared A site Plan has been supplied, by a registered North Carolina land sur- veyor or engineer which sail contain the following: I. North point scale and date. 1, North Point, scale and date shown. 2. Extent of area to be developed 2. Extent of area to be developed is indicated; possible future development is also shown, 174 3. LOCatiOnS widths of all easements 3. The location of easements and rights of way within or adjacent and rights of way are shown. to the site. 4. Location of all existing or pro- 4, All existing and proposed posed structures on the site, structures are shown on the site plan, 5. Location of all areas on the site 5. There are no flood prone areas subject to flood hazard or inundation on the site as shown on flood maps or soil'S maps 6, Location of all water courses on 6. There are no water courses shcr site, including direction of flow, on the site plan. 7. Existing topography at a countour 7. Existing topography is shown. interval of five feet based on mean level datum. 8. Proposed or existing fencing, 8 Outdoor storage areas, enclos screening, gates, parking, service storage areas and warehousing and storage areas facilities are shown on the site plan. Outdoor storage areas are screened and fenced from adjacent uses. A Landscape Plan has b: submitted with this proposal the Planning Staff feels the plan is adequate, 9. Access to site including site 9. Access to the site is shown ot distances on all roads used for the site plan. access, 10. Elevations of all structures 10. Architectural elevations hay proposed to be used in the develop- been supplied to the Planning Ste merit. 11, Names and addresses of owners and 11. The name and address of the applicants owner have been supplied. 12 A fee, as set by the Orange 12. The application fee has beet County Board of Commissioners. paid by the applicant, 8.8,23 Lar_macil2eves 8.8.23.1 Additional Information 8.8,23.1 This refers to the scan dards set forth in Article 7 Plc ned Development. In addition to the information re- quired in Subsections 8,2 and 8,8, information shall be supplied as part of the application as per applicable requirements of Article 7, • 175 85E • Article 7 Planned Development Districts 7.4.1 Relationship of Planned Devel- 7,4,1 Relationship of this pro'-ct opment to Major Transportation Paci- to major transportation facilit s, lities. (See 8,2.4 c above) Requires that Planned Developments make use of major roads for access; and public transportation facilities available. 7.4.2 Relationship of Planned De- 7.4.2 Relationship to Public Utili- velopment to Public Utilities, Fa- ties, Facilities, and Services, duties, and Services . (See 8,2,4 a above) Requires that Planned Developments make use of existing utility systems and not require the public extension of such systems. It also requires that the Planned Development make use of public transportation if available. 7 4.3 Physical Character of the site; 7.4.3 Physical Character of the Sit Relation to S-rrounding Property . Relation to Surrounding Property. The Site shall be suitable for the type This Site is located on a hill with development proposed and be free from a maximum elevation of 702.6' n r adverse natural impacts, the proposed antenna to a low o 631' along the northern propert,. line. The site has mature tree growth on the majority of the land. This area has a mixture of devel- opment types with single family dwellings located to the North and Northeast, Duke Forrest to the Zest, Undeveloped land to the south, undeveloped land and several commercial uses to the west across NC 86, 7 .16 Planned Development - Office and Institutional Districts , 7.16,1 Planned Development - Office The Staff feels that this develop and Institutional Districts Defined; ment as proposed is substantially Intent; where Permitted, in compliance with the intent of the PD-OI section. Planned Development Office and institutional Districts are districts for the establishment of complementary groupings of office and institutional uses. 85S 176 Where existing clevelooments ex,ist, are proposed and previously aoproved_devel- opments are (in progress, which are of neture substantially in accord with the intent of these regulations they may be rezoned to PD-OI status, and shall there- alter be subject to the regulations and requirements for such districts) . • It is the intent of these regdlations to provide for development of such districts at locations aporopriate in terms of the Land Use Plan and the Orange County Thoroughfare Plan and in accord with standards set forth herein. It is further intended that PD-OI devel- ooment shall be scaled, balanced and located to reduce general traffic con- gestion by providing employment.' to c' , e to principal places or residence, convenient pedestrian circulation systems and mass transit devices to further reduce need for private auto- mobiles. Within such districts, it is intended that uses shall ba arranged horizon- tally and vertically: 1. That major vehicular flows and other disquieting influences be so sep- arated from residential areas as to protect privacy and tranquility; 2. That general commercial and service uses be concentrated for maN:imum pedestrian convenience and located for easy accessibility by workers and visitors arriving by mass transit; and Where such districts adjoin resi- dential neighborhoods, it is in- tended that arrangement of build- ings, uses, open space and vehi- cular access be such as to pro- vide appropriate transition and reduce potentially adverse effects. iH 86C 7,16. 2 Permitted Principal Uses and Structures The requirements and limitations that The proposed use and buildings apply within PD-OI districts are estab- are permitted in the OI district lished in Article 4 and Article 5. and the proposed buildings does not exceed maximum allowed levels, 7,16,3 Heitht Limitations Height limitations within PD-Ol. dis- The proposed building does not dricts shall be as established in exceed allowed heights. Article 5 and Subsection 6.2 7.36.4 Permitted Intensity of Development The requirements and limitations that The intensity proposed for this apply within the PD-Cl District are development does not exceed allowed established in Articles 5 and 6 . levels, 7,16 ,6 Site Palnning a) External Relationships: The site plan should show how the development will provide protection for the development from potentially adverse surrounding influences and provide protection for surrounding areas from potentially adverse in- fluences within the development. 1. Principal access points shall be 1. Access to the site as proposed designed to encourage smooth is good and should allow a traffic flow, Street layout smooth flow of traffic into shall not connect minor resi- the project. The proposed dential streets with collector access makes use of a 2-lane streets, Arterial Road. 2, Access for pedestrians and motor 2. There is a sidewalh proposed cyclists shall be safe and con- from the customers Parking venient. Where there are street to the Entrance. No street crossings, they shall be so crossings are proposed. located as to be safe, shall be marked and controlled. 1 3. Protection of visibility at inter- 3, The sight distance at both sections. Shall be as set forth in drives should be a minimum Article 6, of 400 in each direction. 4. Uses adjacent to single family dis- 4. There is a 100' buffe- evicts which cannot be used for along all property lines. Perking, . . ........_ 861 178 5. Yards, fences, walls or vegetative 5. There is en outside storage screening, at the edges of the PD- yard proposed, this is to OI district shall be such as to pro- be fenced and should be : vide protection from the development to screened from all adjaca . adjacent properties, property by existing vegeta- . tion. The building itself b will be screened by natural vegetation, b) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groe-7ings of structures, uses and fa- cilities, and for preservation of de- sirable natural features and minimum disturbance of natural topography. 1. Streets, drives and parking. 1. Generally the site plan makes safe and convenient use of Streets and drives shall provide the property. safe, and convenient access to There is separation of visitor the site and other facilities if and service access to minimize necessary, Streets shall ids- conflicts.. The parking areas courage through traffic and blocks will be paved and the spaces shall be laid out to macimize marked. The proposed number efficient use of the property. of spaces meets the minimum requirements . ; t 2, Ways for pedestrians shall from a 2. Pedestrian access is adequate safe logical and convenient system for this area, for pedestrian access to all units, project facilities and any principal off site destinations. 3. Protection of visibility for auto- 3. Visibility should be good at mobile traffic, -c clists and pe- all intersections where motor destrians. Visibility protection vehicles, cyclists and pedes- shall be as set forth in Section trians might meet. 7.16.16 a) 3 above, 4.. space and of buildings. 4. The project uses about 1/7 of The requirements for open space, pedes- allowed floor area, and provi trian/landscape space; and spacing more than the required minimu of buildings are contained in Articles in open space, pedestrian/ 5 and 7. Definitions are in Article 6 . landscape space and parkirg spaces. The building is sited at least 100' from any property line. 7.16,7 r -tationsSimnIAT General Identification Signs for the development as a whole. ...- • 86 14- 17 9 Shall be permitted as follows: One Signs for the project shall conform sign structure, not exceeding twenty in all ways to the standards contain feet in height, and having not more in 7.16.7. than two sign surface areas, each limited to twenty square feet, may be erected inside or outside required setbacks adjacent to public streets, p-ovided that no such sign shall over- hang any public way or be so located or constructed as to create a dangerous imoediment to traffic visibility. Such signs may identify the development as a whole and bear directional informa- tion, but shall contain no advertising matter. Minor Directional Sign Sturctures. Having not more than two sign surface areas, each limitea to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the canter. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given, 86 f. 180 The Planning Staff feels that there is a preponderance of evidence to indicate substantial compliance with the General Standards and specific rules governing - the Planned Development-Office-Institutional, Class A Special Use Permit, The Planning Staff recommends approval of the request, with the following imposed conditions: I. That all signs for the development shall be according to Section 7 16 and Article 9 of the■Zoning Ordinance. 2. Drainage, soil erosion and sedimentation plans shall be reviewed and approved by Orange County. The installation of control devices and 'on eoing construction work shall be inspected by Orange County. The site shall at all times be in conformance with the Soil Erosion and Sedimentation Control Ordnance. 3, That the proposed dumpster be placed on a 10' x 20' concrete pad 6" thick, with wire mesh, 4. That the service entrance from NC-86 to the entrance gate into the storage yard be paved to NC. Department of Transportation Secondary road stan- dards. 5, That the developer mark the 100' buffer on the perimeter of the site and take precautions to insure that the grading contractor does not disturb the area. 6 . The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are in- corporated herein and made part of the Special Use Permit. A copy of the final site plan and narrative are to be maintained on file with the Orange County Planning Department. Only those uses specified in the project narrative and on the site plan, including but not necessarily limited to the offices, warehousing, maintenance service and outside storage of utility materials will be permitted at the office facility, All improvements as indicated shall be constructed according to the consturc- tion schedule set forth in this permit. 7, The following construction schedule shall be adhered to by the applicant. Construction shall begin within six months of the issuance of the Special Use Permit. S. All necessary easement to permit utility (electricity, telephone, sewer and water) installation, servicing and hookups to the development shall be provided at no cost to the utility provider.. • ' 8 6 4 181 ORANE =UNIT BOARD o F CO•MISSIONERS -Action. 15€,.e.r.d.a Item. D ACTION AGF.N.LT1; ABSTRACT -/ MEET= DATE Nov. 22, 1982 Subject: Planning Board By-Laws • Departrent: Plann Public Hearing:Ing yes y • InIcm=mtlai Ccntact: At"'-achmrztCs) : Revised copy of By-Laws Rick Cannity Ptcne Number: -------- 732-8181 ext. 347 PURPCSE: Discussion with the Planning Board concerning recommended changes to the Planning Board By-Laws NEED: At their November 3, 1982 meeting, the Board recommended that the Planning Board make the following changes to their proposed By-Laws: ARTICLE IV C. The Planning Director shall serve as Secretary to the Planning Board.' ARTICLE VII E. Each member of the Board shall vote yes or no. Members not voting shall be counted as voting in the affirmative except as specified in 1 above. The Chair shall be a voting member of the Board. ARTICLE IX. Add at the end of the paragraph...The Board of County Commissioners shall approve all amendments to the Rules and Procedures. The Planning Board, at their meeting November 15, 1982, indicated it would appreciate the opportunity to discuss these proposed changes to the By-Laws. MPACT: Some members of the Planning Board felt that there was a need to retain an abstention in the voting section of the By-Laws. There was also somd discussion concerning the Planning Board appointing their own Secretary and the need for the Board of Commissioners to approve the Planning Board By-Laws. 4 i 8 2 RULES OF PROCEDUFE ORANGE COUNTY PLANNING BOARD ArICLE I - FUBPOSE AND GENERAL RULES A. Purpose The purposes of the Planning Board shall be as set forth in the Orange County Zoning Ordinance, dated September 2, 1981, and other general and spe-iP1 state laws relating to planning in Orange County. The Planning Board shall have those powers and duties delegated by ordinance to the Board by the Orange County Board of Cormissianers. The Orange County Planning Board is hereinafter referred to as the Planning Board. B. General Rules The Planning Board shall be governed by North Carolina. General Statutes Chapter I53A and other general and special acts relating to planning and related activities in Orange County as well as by the ordinance which established the Board. ARTICLE fl - OFFICERS AND DUTIES The elected officers of the Planning Board shall consist of a Chair and a Vice Chair. A secretary s11Pll be appointed. Chair The Chair shall preside at all meetings and hearings of the Planning Board and have the duties normally conferred by parliamentary usage on such officers. The Chair may appoint or recommend the appointment of Board members as representatives to other official boards as the need arises. B. Vice Chair The Vice Chair shall serve as acting Chair in the absence of the Chair, and at such times shall have the sane powers and duties as the Chair. C. Election Procedures The procedures for election of the ChP1,- and Vice Chair shall be as follows: 1) These officers shall be elected by the Planning Board from among its members at the regular meeting in January of each year. 2) The candidate for each office receiving a majority vote of the Planning Board mernebers present shall be declared elected. • 86E - 183 1) 3) The officers shall be elected for a term of one year. They shall be elie.ble to succeed them- selves for not more than three consecutive terms. 4) Vacancies in the office shall be filled immediately for the unexpired term by the regular election procedure. ARTICLE III - m A. MEMBERSHIP Membership on the Planning Board shall be governed by the terns of Chapter 153-A,of the General Statutes of North Carolina end the Orange County Zoning Ordinance. B. NDANCE. 1) Any members of the Board lobo miss more than three consecutive meeting (monthly meeting on the third Monday) or public hearings, or who miss more than one-half of the meetings in a calendar year, for something other than an approved absence as deter- mined by the Chair, may lose their status as member of the Board and may be replaced by the Hoard of of Cannissioners. 2) Absence due to sickness, death of an itmid1ate family member, professional leave, or other valid reason shall be considered approved absence and: shall not affect the member's status. 3) In the event of a long illness or other cause for prolonged absence, the member may be replaced. ARTICLE TV - AEPT_NISTRATION A. The Orange County Planning DeparUff.ent shall serve as staff to the Planning Board. B. The expenditures of the Board, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Orange County Board 4 of Commissioners. C. The Planning Director shall serve as Secretary to the Planning Board. _ _ _ 85't 184 The Secretary, subject to the direction of the Chair and the Board, shP11 keep all minutes and records of the Planning Board, provide notice of the regular and special meetings to members, arrange proper and legal notice ( ' ' of hearings, attend to legal correspondence of the Board, and other such duties as are normally carried out by a secretary. If the secretary is chosen from outside the membership of the Board, he/she Shall not be eligi- ble to vote upon any matter. ARTICLE V - canmrrrms A. The Planning Board may establish such standing or temporary committees as it may deem useful in its work. The members of these committees shall be appointed by the Chair of the Board. B. The Planning Board shall establish a. committee on Ordinance Review which shall be responsible for a continuing review of ordinances re- lated to the business of the Planning Board. The members of this Committee shall be appointed by the Chair of the Board. ARTICLE VI - TOWNSHIP ADVISORY COUNCILS A. The Planning Board shall recommend to the Board of County Commissioners the establishment and/or continuation of Township Advisory Councils, as provided in Section 2.2.11 of the Orange County Zoning Ordinance. B. An Advisory Council shall be established for each township. It will be composed of residents of that township, who s111 serve a term of two years. Members of the Advisory Council can nominate new members, while any citizen of the County can recommend members for nomination. C. The members of the Councils shall be appointed by the Chair of the Planning Board upon approval by the Planning Board. D. A member of the Planning Board from each township shall serve as liaison to the appropriate Advisory Council. ARTICLE VII - MEETINGS A. Regular Meetings Regular meetings of the Planning Board shall be held the third Monday of each month at 7:30 p.m. at the Courthouse in Hillsborough or other place within Orange County designated by the Chair. The meetings shall adjourn not later than 10:30 p.m. unless extended for the meeting in session by vote of the Board. B. Special Meetirss Special meetings may be called by the Chair or by the written request of at least three other members of the Planning Board. The notice of such a meeting shall specify the purposes of the meeting and no other business may be considered except by unanimous consent of the Planning (I_.) Board memebers present. C. Meeting Notice The Secretary shall give three days notice for both regular and special meetings. fiCh 185 Except in extraordtnary circumstances, there shall be a maximum of three .reetings and/or hearings per month. \ D. Quorum A quorum Shall consist of a majority of the regular appointed members of the Planning Board. A quorum shall-be present for conduct of formal business. E. Voting The vote of a majority of those members present shall be sufficient to decide all matters before the Planning Board, provided a qUarIZTL is present. EX-officio members shall not vote; 1) No Planning Board members shall participate in the decision of ani. matter in which they have a personal financial interest. 2) Each Board memeber shall vote yes or no. Members not voting shall be counted as voting in the affirmative, The Chair shall be alloting member of the Board. . F. fondt.,_nt, ofl`L_I1..--einzs 1) enda All business to be considered shall be listed on the agenda and to secure such consideration a request,therefore must be received ) by the Chair or Secretary at least seven days before any regular scheduled meeting. No other business maybe considered excent by Unari- mous consent of the Board members present. All special business or items not specifically noted on the regv1P-1- meeting agenda may be deferred by the Planning Board until the next regular meeting date. 2) Order of Business The order of business at reg.l?r meetings shall be: a) Call to order and roll call. b) Call for approval of ndnutes of previous meeting. c) Consideration of additions to the agenda. d) Consideration of items on the agenda. 4 e) Adjournment. The order of business for special meetings shall be as set out in the meeting call. 3) Public Meetings. All meetings of the Planning Board, its committees and councils shall be open to the general public. The Planning Board shall have the power to meet in executive session concerning appro- priate procedural necessities are complied with as prescribed in North Carolina's Open Meeting Law, N.C. General Statutes 14:-312.1 to 143-318-7 (1974). • 8 6 S ,Th G. Cancellation of Meetings Whenever there is no business for the Planning Board, the Chair may dispense with a regular meeting by gictignotice to all members not less than twenty-four hours prior to the time set for the meeting. ARTICLE VEt1 - JOINT PUBLIC HEARINGS Joint Public hearings, attended by both the Board of County Commissioners and the Planning Board, shall follow the procedures given below. A. Hearing on Rezoninms, and Other Hearinms Conducted by the Planning Board Chair 1) Call of agenda items by the Chair. 2) Presentation by staff: a) explanation of the effect of the proposal b) staff recommendation. 3) Statements in support of the proposal. 4) Statements of opposition to the proposal. 5) Rebuttal statements by supporters. 6) Rebuttal statements by the opposition. 7) Board discussion. 8) Board action. Before beginning this procedure, the PJ nin' Board may detere_ne the maximum number of minutes to be allocated to each of the above items, with the constraint that supporters and opponents shall be given equal time. B. Hearings on Soecial Use Permits, and other Hearings Conducted by the Comudesioners' Chair. The hearings shall follow the procedures designated by the Board of County Commissioners. 4t:'■41'-** 17---,k-rslel—r-' 1,'"•Z" r -; ,1 -- 87C 18 / ARTICLE IX - AMENDMENTS These Rules of Procedure may, within the limits allowed by law and the Zoning Ordinance be recommended for amendment at any time by an affirmative vote of not less than a majority of the regular appointed members of the Board, provided that such aaudment shall have first been presented to the membership in writing, at a regular meeting, preceding the meeting at which the vote is taken, The Board of County Commissioners shall approve all euvAidments to these Rules of Procedure. ORANGE COUNTY I BOARD OF CC 4ISSIONERS Action Agenda ACTION AGE\IDA ITF:•1 ABSTRACT Item, No. b--a MEET:Mt DATE; NOVEMBER 22, 1982 Subject: DECEMBER MEETING SCHEDULE De altueSlt: BOARD Op COMMISSIONERS -1 Public Hearing: I yes x no-7- Attachment(s): Information Contact Clerk to the Board No I pie Number: 732-8181 ext. 510 PURPOSE: Consideration of the Board of Commissioners' meeting schedule for December, 1982. 1 NEED: The Board'simeeting schedule as presently set for December is as follows: 1st Monday December 6, 1982 3rd Tuesda December 21, 1982 4th Monday December 27, 1982 The Board traditionally does not meet Christmas week or the week following Christmas. II This year there is a particular concern since the 3rd Tuesday falls on the 21st; both Friday, the 24th and Monday, the 27th are County holidays. The Board has on this agenda consideration of a Participatory Paving Resolution for Dumont Drive; it must set the public hearing for this project. IA order to comply with legal requirements of this program (mailings and advertisements) Staff needs to know the Board's wishes with regard to its December meeting schedule. The*nof ial. procedure would be for the PPP Public Hearing to be held on December 21;j Staff feeling is that this would be an inappropriate date given the holiday (those affected may have left town by that time). E Staff suggets altering the schedule so that the Board meets on December 14th (for t e December 21st meeting) and having the public hearing then. IMPACT: If the Board alters its meeting schedule it would allow timely notification to the pres and public and allow for legal requirements to be met with regard to the PPP project for Dumont Drive. RECOMMENDATION: As the Board decides..with regard to the December 21st and 27th meetings. 8970 214 ORA4.•NZE COUNTY Baz.RO O cSSI Action Aganda Item No. ACTION AGENON ran ABSTRAC2 DEMING DATE November 22 1982 Subject': Mace Road Participatory Paving Project • _____----_ Depart:cent: Planning Public Hearing: YeS v. no Susan Smith Attaohntmt(s) : Preliminary ANsessment Iriformation COntact: Resolution ; Final Assessment Resolution MOM: 732-8181 EXT, 359 PUPPC,.. : Adoption of the Preliminary Assessment Resolution for the Mace Road (SR 1384) Participatory Paving Project, the Board schedule a public hearing on the Preliminary Assessment Resolution on December 14, 1982? NE Approval of the Resolution is required for completion of Orange County Participatory Paving Program procedures following approval of the project petition on November 16, 1982, OEM 7CL.1.15tii P flf 0.1 ks,twAy 1..roara---x17-m*'514 ss EVACT: Upon adoption of the Resolution a public hearing on the Resolution can be scheduled. RECOMMENDATION: Adoption of the Preliminary Assessment Resolution. Schedule public hearing on the Preliminary Assessment Resolution for December 14, 1982. COLEMAN. BERNHOt1Z DICKERSON BERNHOLL GLEDI-111.1.& HARGRAVE ATI ORNEYS M LAW 110 CHURT ON STREET November 16, 1982 HILLSBOROUGH N C 272713 919 732-2191, 919-9428000 CHAPEL HILL OFFICL SUITE 20,FRANKLIN 81,111 DiNr; 137 E FRANKI IN S I KU CI IAPEI HILI NC 27514 919 929 7151 Ms. Susan Smith Atfolzol3 Col IIMAN IR SIEvril A.BERM 101Z Orange County Planning Department Dotoi_DR,DICKI:lisoN Orange County Courthouse Boom B Ri:RNI II i Y. am:MN E.CA F.DHII 1 106 I Margaret Lane DOW AS HAR(;RAVI' H jllsborough, North Carolina 27278 mARTIN,I.1303 NI 101 i. Wit LiAM H Lifit.:Q.E. Cu Re: Mace Road - Participating Paving Project Or Crwatl BONNER D SAWYER ;owe vin'l De r Susan: Enclosed is a copy of the Preliminary Assessment Resolution for the Mace Road Participating Paving Project. The Resolution cii sh uld be acted on by the Board of County Commissioners on No ember 22, 1982. If adopted at that time a public hearing can be hel on December 14 with mailings and notice of the public hearing to belcompleted by December 3, 1982. At the conclusion of the public he ring, the Board may adopt the Final Assessment Resolution. If the Firial Assessment Resolution is adopted on December 14, 1982, DOT can be paid the local share of the project any time thereafter. Also, enclosed is a copy of the proposed Final Assessment Resolution and a fojim for the Preliminary Assessment Roll to be completed upon a'A ption of the Final Assessment Resolution. All documents reflect an as essment basis at an equal rate per lot. By carbon copy of this letter I am requesting Mr. Thompson to place an item on the Commissioners Agenda for November 22, 1982 as follows: Will the Board adopt a Preliminary Assessment Resolution for the Mace Road Participatory Paving Project (S. R. 1384)? With Mr. Thompson's copy of this letter, I have enclosed a copy of the Preliminary Assessment Resolution for inclusion in the Board's agenda package and for their action. Very truly yours, 4, eo rey k Gledhill / GEG/jac 1 Enclosure v.6 : Mr. Ken Thompson 90c 222 A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on tht 22nd day of November, 1982. Present: Absent: *************************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING MACE ROAD (S.R. 1384), IN CHEEKS TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of Mace Road (S.R. 1384), in Cheeks Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(e); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-185(4) and as provided for in North Carolina General Statute Section I53A-205; IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local share of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, North • •-• • • 9° 223 Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be at an equal rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-seven percent (27%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1983 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. rr IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 14th day of December, 1982, at 7:30 o'clock p..m., during the regular meeting of the Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, not less than Ten (10) days prior to December 14, 1982, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: ' "-- 90 224 NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING MACE ROAD (S.R. 1384), IN CHEEKS TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: 1. Orange County shall undertake financing of the local share of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be at an equal rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-seven percent (27%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1983 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. 9 2'4 ti A public hearing will be held at 7:30 o'clock p.m., on the 14th day of December, 1982, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the day of 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners for Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (10) days prior to December 14, 19 B 2. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING 1, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 3rd 90,5 226 _ .• day of December, 1982, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the day of , 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resultion was passed by the following vote: Ayes: Noes: ******a*******m************************************************************ I, Paulette Pridgen Pond, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 22nd day of November, 1982, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, . . • , 22 / North Carolina, as such proceedings are recorded in Minute Book WITNESS my hand and the offical seal of said Board, this the day of 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) _ — ;20 $134 A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 22nd day of November, 1982. Present: Absent: *************************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FORTE ©CAL SHARE ORANGE COSTS OF OF OF PAVING DUMONT DRIVE (S.R. 1595), IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of Dumont Drive (S.R. 1595), in Eno Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205; IT IS HEREBY RESOLVED THAT I. Orange County shall undertake financing of the local share of paving Dumont Drive (S.R1595), in Eno Township, Orange County, North Carolina. C8 : 202 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-three percent (33%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1983 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. TT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 14th day of December, 1982, at 7:30 o'clock p..m., during the regular meeting of the Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, not less than Ten (10) days prior to December 14, 1982, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: rt 88� 203 �.._.. NOTICE OF PUBLIC HEARING THE ASSESSMENT OARDS OFUCOMMISSIONERS BY TO THE ORANGE FINANCE THE LOCAL E (s RA 595),FIN THE ENO COSTS IlNSHIP, DUMONT DRIVE NORTH CAROL ORANGE COUNTY, Chapter 153A of Notice is hereby given that, pursuant to Article 9 of Chap the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows shall undertake financing of the local share of L Orange County County, North paving Dumont Drive (S.R. 1595), in Eno Township, Orange Carolina. 2. The basis for assessment for the local share of foot of frontages this shall be frontage abutting the road at an equal rate per 3. Orange County will assess the total local share is ccordito the basis set out in number 2 above which local share represents of the total project cost. thirty-three percent (3396) abeyance. 4. No assessments of this project will be held in 5. The assessments shall be paid in the following manners a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. paid in b. Any assessment not paid in full as provided above shall be P five equal annual installments with the first such installment,ent, with interest, due when 1983 property taxes are due, an installments, with interest, due on the same date in each successive year until the assessment is paid in full. 204 •, A public hearing will be held at 7:30 o'clock p.m., on the 14th day of December, 1982, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the day of 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners for Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (10) days prior to December 14, 1982. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was maned as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 3rd 88E 200 day of December, 1982, I maned, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing b Orange County of the local share of the cost of paving Dumont Drive (S.R. 1595), in Eno Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the day of 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resultion was passed by the following vote: Ayes: — N°es I, Paulette Pridgen Pond, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 22nd day of November, 1982, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving Dumont Drive (S.R. 1595), in Eno Township, Orange County, 21)(3 -0 - • North Carolina, as such proceedings are recorded in Minute Book WITNESS my hand and the offical seal of said Board, this the day of 1982. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) • Y 20 879C • A meeting of the Board of Commissioners for Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at o'clock p.m., on —, 1983. Present: Absent: *************************************************************************** The following resolution was read to the Board: FINAL ASSESSMENT OF COUNTY ORANGE C THE LOCAL SHARE OF THE COST OF PAVING COUNTY,NORTHSGAROLINA.LOCATED IN ENO TOWNSHIP, ORANGE WHEREAS the Board of County Commissioners of Orange County has paving Dumont Drive (S.R. elected to finance the local share of the cost of p g North Carolina 1595), located in Eno Township, Orange County, as permitted by General Statute Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205. IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local share of paving Dumont Drive (S.R. 1595), in Eno Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share accordingimatele basis set out in number 2 above which local share represents app thirty-three percent (33%) of the total project cost. ' •j:7", • 4.7 891 20 .6 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner. a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1983 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that: The total project cost is $76,552.00 and the amount to be financed and assessed by Orange County is $24,688.00, as follows: Total Costs Local Costs To be Financed construction cost $75,932.00 $24,068.00 legal services $500.00 $500.00 publication and mailing costs $120.00 $120.00 Totals $76,552.00 $24,688.00 The County Manager is hereby directed to prepare a preliminary assessment roll which roll shall contain a tax description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against - _ -7 17;ir,,."11:7.1r•;q7-: -: 7 : 892 each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be ascertained from the County tax records. After the preliminary assessment roll is completed, it shall be filed in the office of the Clerk to the Board of Commissioners, there to be available for public inspection until a public hearing is held on the said preliminary assessment roll. A public hearing on the preliminary assessment roll shall be held on 1983 at _____ o'clock p.m, during the regular meeting of the Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than Ten (10) days prior to 1983, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FILED WITH THE CLERK TO THE BOARD OF COMMISSIONERS OF ORANGE COUNTY PURSUANT TO THE DIRECTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AND PURSUANT TO THE BOARD'S DECISION TO FINANCE THE LOCAL SHARE OF THE COST OF PAVING DUMONT DRIVE (S.R. 1595), IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter 153A. of the General Statutes of North Carolina, the Bohrd of Commissioners of Orange County has completed and filed a Preliminary Assessment Roll.. Pursuant thereto: L Orange County shall undertake the financing of the local share of ���' ~~ t 210 Dumont Drive 0.B. 1595), in Eno Township, Orange County, North paving Carolina. The amount to be financed by Orange County is estimated to be Twenty Four Thousand Six Hundred Eighty Eight and Nu/100 Dollars ($24,688'00), including costs and attorneys fees. That portion of the costs of paving the above roads not financed by Orange County will be borne by the Department of Transportation or the State of North Carolina. O. The assessment roll completed is on file with the Clerk to the Board of Commissioners of Orange County, and available to the public for inspection. V. The Public Hearing will be held at 7:30 o'clock p.m' on 1983, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary Assessment Roll. At the time and place above stated, any resident of Orange County or any other interested person may appear and be heard. Dated, this the day of 1983. Paulette PrldQwn Pond, Clerk to the Board of Commissioners of Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be mailed by first-class mail to each owner of property as listed on the roll, not less than Ten (10) days prior to , 1988, the date set for the hearing. The notice shall be in substantially the following form: - •• 894 211 • NOTICE TO: [owner and property description from assessment rail SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS' DECISION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE COST OF PAVING DUMONT DRIVE (S.R. 1595), IN ENO TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a Public Hearing will be held by the Orange County Board of Commissioners on , 1983 at 7:30 o'clock p.m., at the Orange County Courthouse, Hillsborough, North Carolina, to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note that the amount of assessment on the property described in this Notice is $ , as shown on the Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the preliminary assessment roll was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING .:; 21 89h I, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about , 1983, I mailed, by first-class mail, postage prepaid, a Notice to each property owner of the Public Hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving Dumont Drive (S.R. 1595), located in Eno Township, Orange County, North Carolina. The Notice mailed set the date and time of the Public Hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the County tax records. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the day of , 1983. Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina This resolution is effective upon its passage. Thereupon, Commissioner moved the passage of the foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************* I, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held 89 on December 14, 1982, so far as the same relate to the Final Assessment Resolution, determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving Dumont Drive (S.R. 1595), located in Eno Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the day of 1983. Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) 2 1 5 A meeting of the Board of Commissioners for Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at o'clock p.m., on , 1983. Present: Absent: - The following resolution was read to the Board: FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING MACE ROAD (S.R. 1384), LOCATED IN CHEEKS TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving Mace Road (S.R. 1384), located in Cheeks Township, Orange County, as permitted by North Carolina General Statute Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205. IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local, share of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be at an equal rate per lot. 4 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-seven percent (27%) of the total project cost. 4. No assessments of this project will be held in abeyance. . _ _ 89.S" 216 _ ---------- 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due when 1983 property taxes are due, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that: The total project cost is $70,655.02 and the amount to be financed and assessed by Orange County is $18,839.02, as follows: Total Costs Local Costs To be Financed By Orange County construction cost $70,090.00 $18,184.00 legal services $500.00 $500.00 publication and mailing costs $155.02 $155.02 Totals $70,655.02 $18,839.02 The County Manager is hereby directed, to prepare a preliminary assessment roll which roll shall contain a tax description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be ascertained from the County tax records. After the preliminary assessment roll is completed, it shall be filed in the office of the Clerk to the Board of Commissioners, there to be available for public inspection until a public hearing is held on the said preliminary assessment , Obet 21 '1 roll. A public hearing on the preliminary assessment roll shall be held on , 1983 at o'clock p.m., during the regular meeting of the Board of Commissioners of Orange County, Orange County Courthouse, Hillsborough, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than Ten (10) days prior to , 1983, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FILED WITH THE CLERK TO THE BOARD OF COMMISSIONERS OF ORANGE COUNTY PURSUANT TO THE DIRECTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS ANT) PURSUANT TO THE BOARD'S DECISION TO FINANCE THE LOCAL SHARE OF THE COST OF PAVING MACE ROAD (S.R. 1384), IN CHEEKS TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the Genera] Statutes of North Carolina, the Board of Commissioners of Orange County has completed and filed a Preliminary Assessment Roll. Pursuant thereto: 1. Orange County shall undertake the financing of the local share of paving Mace Road (S.R. 1384), in Cheeks Township, Orange County, North Carolina. The amount to be financed by Orange County is estimated to be Eighteen Thousand Eight Hundred Thirty Nine and 02/100 Dollars ($18,839.02), including costs and attorneys fees. That portion of the costs of paving the above roads not financed by Orange County will be borne by the Department of Transportation or the State of North Carolina. _ . 218 2. The assessment roll completed is on file with the CIerk to the Board of Commissioners of Orange County, and available to the public for inspection. 3. The Public Hearing will be held at 7:30 o'clock p.m. on , 1983, at the Orange County Courthouse, Hillsborough, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary Assessment Roll. At the time and place above stated, any resident of Orange County or any other interested person may appear and be heard. Dated, this the day of , 1983. Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be mailed by first-class mail to each owner of property as listed on the roll, not less than Ten (10) days prior to , 1983, the date set for the hearing. The notice shall be in substantially the following form: NOTICE TO: [owner and property description from assessment roll] SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS' DECESION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE COST OF PAVING MACE ROAD (S.R. 1384), IN CHEEKS TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a Public Hearing will be held by the 902 • 210 Orange County Board of Commissioners on , 1983 at Tao o'clock p.m., at the Orange County Courthouse, Hillsborough, North Carolina, to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note that the amount of assessment on the property described in this Notice is $ , as shown on the Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. PAULETTE PRIDGEN POND, Clerk to the Board of Commissioners of Orange County, North Carolina The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the preliminary assessment roll was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about , 1983, I mailed, by first-class mail, postage prepaid, a Notice to each property owner of the Public Hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving Mace Road (S.R. 1384), located in Cheeks Township, Orange 22o 9trdKi County, North Carolina. The Notice mailed set the date and time of the Public Hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the County tax records. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the day of , 1983. Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina This resolution is effective upon its passage. Thereupon, Commissioner moved the passage of the foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************* I, Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is true copy of the proceedings of said Board of Commissioners at a meeting held on December 14, 1982, so far as the same relate to the Final Assessment Resolution, determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving Mace Road (S.R. 1384), located in Cheeks Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the _ day • 904 221 of _ , 1983. Paulette Pridgen Pond, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) Ul1 ORANGE COUNTY � ~~~ BOARD OF COMMISSIONMRS Action Agenda ACTION aGomcA .1.1114 ABSTRACT ztwn mo'_ MEETING DATE November 22, 1982 Subject: Britton Woods Subdivision (a.k.a. Hickory Hills)/Fire Protection for Subdivisions that Straddle Fire District Lines Department: oun y 'anager ~ anninn | Public oe=rIzg, yes X |no Information ac^=c""=^^^~' ' Rob Addelson - 732-8181 ext 500 and/or Yes Phone Number: Rick Cannity - 732-8181 ext 347 POsPcSE; To consider rescinding a condition placed on preliminary plat approval for Britton Woods Subdivision. NEED: On June 7, 1982, the Board approved the preliminary plat for Britton Woods subject to the condition that the tract, which straddles a fire district line be located within one fire district. The existing mutual aid agreement between the fire departments involved, Oranne Grove and Carrboro, insures that this tract will receive adequate fire protection. This precludes the need to alter the fire district line if adequate fire protection is the only concern of the Board. IKgAcT; If the Board desires to locate this and/or all other subdivisions of a similar circumstance in one fire district there are two alternative pro- cedures available (see attachment). RECOMMENDATION(S): The mutual aid agreement insures adequate fire protection for tracts such as Britton Woods and obviates the need to shift fire district houndaries. 2 2- 912 � ALTERNATIVE PROCEDURES FOR SHIFTING FIRE DISTRICT LINES The condition that the Britton Woods Subdivision be located within one fire district has raised some questions as to: 1. the procedure for insuring that fire protection be provided by one fire district 2. who should be responsible for insuring that this is done: the developer or County staff The choice of alternatives will dictate who will be the responsible party. Alternative #1 Procedures: G.S. 69-25.11'4 provides for the changing of fire district boun- daries between two districts with a different rate of taxation by the following progressive steps. A. petition by two-thirds of the owners of the territory involved to the County Board of Commissioners requesting a change in the boundary B. receipt by the Board of favorable recommendations from the fire protection district commissioners (trustees) and the boards of directors of the fire departments affected C. a public hearing Responsibilities: If this alternative is chosen the question of how this process is initiated needs to be addressed. 1. Should the developer be charged with the responsibility for con- tacting the affected parties as a condition of the subdivision review process? 2. Should County staff coordinate the process? Alternative #2 Procedure: Under the provisions of G.S. 69-26.5 the Board of Commissioners, as administrators of the fire tax fund, can use the fire tax generated from specific properties in one fire district to fund fire protection for those specific properties through a contract with a fire department located in another fire district. Respooiibility; This action can be taken unilaterally by the Board without favorable recommendation or approval from anyrnther parties. However, a procedure would need to be established to inform the County agencies affected: planning, tax supervisor, and central oonmunicatiuns. PLANNING BOARD II SS• DRAFT November 15, 1982 MEMBERS PRESENT: Pat Crawford (Chair) , John Wilson, David Shanklin, Steve Kizer, Sally Eceticke, Nancy Laszlo, Hazel LunsfaXd, Tart Bacon, Alice Cordon, Carl Walters, Sharlene Pilkey, Logan Irvin STAFF PRESENT: Marvin Collins, Rick Cannity, Eddie Rirk, Susan, Smith, Joanna Bradshaw No one wished to add to the agenda. AGENDA ITEM #1: Pilkey moved approval of the September 20, 1982 minutes. Irvin seconded. VOTE: Motion carried with unanimous approval. It was noted that on Agenda Iten #2 of the October 18, 1982 minutes, the motion, second and vote had be left out. MOTION: Irvin moved approval of the October 18, 1982 minutes as corrected. Shanklin seconded. VOTE: Motion carried with unanimous approval. AGENDA 1TEM #21 Property of John C. Blackwood - Final Plat (for description of property see October 18, 1982 minutes of the Planning Board). The Planning Staff recommends approval. NOTION: Iaszlomuved approval. Boericke seconded. VOTE: In favor -110 Opposed - 0 Abstain - Wilson Motion carried. AGENDA ITENI #3: ' Britton Woos - Final Plat (fordescription of property see April 19, 1982 Planning Boardidnutes). The Planning Staff recommends approval subject to resolution concerning the fire district. MOTION: Irvin moved approval subject to resolution of the fire district. Laszlo seconded. I VOTE: k Motion carried with =animus approval. AGENDA inin #4: 1 John Hackney He - Final Plat (for description of property see October 18, 1982 Planning Board Minutes). The Planning Staff recommends approval. MOTION: I:Minim:J.03d approval with the requirement that the septic drainage field be clear of the Stream Buffer and Floodway. Wilson seconded. VOTE: Motion carried unanimously. I I 1 INFIA 2 AGENDA ITEM #5: Susan Smith gave a brief presentation of the proposed change to the Land Use Plan for PiedmonE Power Company. She explained that the proposed change would extend the Harmon Young (HB-4) Cremercial Transition activity node south along the right-of-way of NC 86 to encompass the Piedmont Power property. There was brief discussion concerning the proposed change. AGENDA ITEM #6; Piedmont Power Special Use Permit and Rezoning. Cannity gave a. description of the request by Piedmont Power Company for a rezoning and special use permit for a Planned Developumnt Office Institutional (PD-OT). Be meted that it was a 33.92 acre treat located on the east side of NC 86 in Hillsborough Ttnship. The property is located in a Rural Residential area as designated by the Land Use Plan. This would have to be changed to Connercial Transition Activity Node (EaritCalt Young node HB-4) as noted previously. Cannity further stated that the only concern the Planning Staff had was that the service entrance should be paved from NC 86 to the gate entering the storage yard. There was brief discussion concerning the plan and it was noted that this request would be heard at the November 22, • 1982 Public Hearing. AGENDA ITEM #7; Cornwallis Hills Phase I Rezoning Cannity presented the request by the planning staff for a rezoning from R-1 (Residential-1) to R-3 (Residential-3) on Cornwallis Hills Phase I. He stated the subdivision contained 38 lots and was located on Old NC 86 (SR 1009) in Hillsborough Thwnship. The subdivision was approved on August 17, 1981 and recorded prior to the time zoning was adopted in Hillsborough Township. When zoning was adapted, the subdivision was overlooked and received R-1 zoning instead of the appropriate R-3. Since there were no questions, it was noted that this rezoning would also be heard at the November 22, 1982 Public Hearing. AGENDA 19Th #8; Hill Country Furniture Rezoning Cannity presented the request by the planning staff for a rezoning flair R-1 (Residential-1) to EC-5 (Existing Comer- , c1a1-5) on Hill Country Furniture. The existing use is located on a .88 acre lot in Chapel Hill Township on SR 1005 01c1Ceen.Shora Road) . He stated it appeared that in 1967 3 Cup-, -A Fr when Chapel Hill TOwnshipves zoned, the property was not zoned Dural Commercial because it was thought to be in Bingham Township. In 1981 when Bingham TOwnship WaS zoned, the property was not zoned because it was in Chapel Hill Township. A couple who stated they were residents next door stated their concern that the present good neighbor may sell one day and they wanted to insure that a bar could not be placed in an EC-5 zone. After brief discussion, it was noted that this request would also be heard at the November 22, 1982 Public Hearing. AGENDA WM #9: Preliminary presentation of proposed zoning Ordinance Text Changes Cannity gave a brief presentation on the proposed changes to the zoning text. Section 2.1.4 added an appeal process to Board of COmmissioners' decisions on Class A Special Use Permits. Section 2.3.3.4 made the distinction between notice requirements for Class B Special Use Permits and variances and Board of Adjustment interpretations. section 6.16.6.2.g) accessory structures for new home occupations. There was discussion about restricting peoples' right to place accessory structures on their lots. Bacon asked about placement of well houses. Cannity stated there wa. , Oist?P#41.41 tetweemi lots less than 5 acres and lots more than 5 acres. Discussion also touched on Section 6.7. There VMS considerable discussion about the need for these changes and alternative methods for control. Section 7.10 requires all changes in a Planned Development to be approved by the Board of Cemmissioners. Shanklin asked why all permitted uses in the district could not go into the Sale space. Hewes concerned with the time delays involved with proposed Changes. Cannity also indicated that some uses may be appropriate as accessory uses in a Planned Development but not as principal uses. He further stated that the impacts of a development cannot be measured unless the uses are known. Shanklin asked if it could be possible to indicate general or broad categories of uses for sections of a development. Kizer said that the developer might specify all possible uses during the approval process. Section 8.4 was being revised with the idea that all administra- tive procedures from Articles 2, 7, and 8 would eventually DRAFT all be included in Article 21, Administration.. Crawford indicated that 8.4.5 should be clarified to sham that the Chair of the appropriate Board will give oaths to those wishing to give evidence. Crawford also indicated that process of referral of items to the Planning Board from the Public Hearing should be specified. Kizer asked if a time limit on Board of Commissioners' action was appropriate. Cannity stated that there was no time limit. AGENDA ITEM 4 10: Discussion of By-Laws Cannity gave a brief presentation of the changes recommended by the Board of Commissioners. They included that the Secretary shall be the Planning Director; that members shall vote yes or no; and members not voting shall be counted as voting in the affirmative. In addition, the Chair shall be a voting member of the Planning Board. All amendments shall be approved by the Board of Commissioners. Wilson stated he felt the voting reguirentents of elected officials were different fran appointed officials who serve in an advisory capacity. Laszlo indicated Board members did not have a constituency and we should try to be objective. Boericke felt members should represent their Townships but try to remove themselves from personal biases. Bacon stated members shonld be able to excuse themselves from certain discussions for personal reasons of financial interests. Wilson agreed. Kizer said that abstentions bymembers could indicate to the COmmissioners that the Planning Board was confused or divided on an issue. He also stated abstentions could "muddy" an issue. Gordon stated that she was much opposed to the recommended changes to the By-laws and to the idea that the Board of Commissioners should have to approve the Planning Board Rules of Procedure. She said that the Planning Board had always acted with integrity and that the Board of Adjustment did not have their By-Laws approved by the Commissioners. Crawford indicated that there were distinctions between the Board of Adjustment and Planning Board which could justify the difference in requirements. There was discussion about Staff recanuendatioThs at Public Hearing and there was concensus that the Staff should present I I • DRAFT the techniral aspects of a request but should refrain fLoin a formal reccmmendation until after the Public Hearing. The Board agreed that Staff should inform the Clerk to the Board of Commissioners that they wished to discuss the By-laws after the November 22, 1982 Public Bearing. AGENDA ITEM #11: Discussion of the Comprehensive Review of the Land Use Plan Smith presented to the Board the summary of proposed amendments to the Land Use Plan during the past year as, well as noting major development proposals which did not require amendment to the Land Use Plan. Staff requested input from the Board on the items for amendment proposed by staff including Harmon-Young activity node; transition areas around Mebane and Hillsborough; commercial-industrial activity nodes in Cheeks TOwnship and the area south of NC 54 and west of University Lake. Crawford inquired if there would be time to review and propose alternatives for Cheeks TOwnShip if the Board of County Commissioners pursues action on the proposed amend- ment to the Cheeks Land Use Plan. Irvin expressed a desire to see the Board of County Ccumissicners postpone action on the proposed amendment. Gordan indicated that an industrial park might be more appropriate than a node system in Cheeks ThownshiP. Shanklin felt the residents of Cheeks Township desired a larger area than the Staff envisions for economic development for greater choice by prospective industries. Pilkey stressed that'she was not in favor of strip zoning Cheeks Township along the corridor. There was concensus on the Board that Staff should conduct an alternatives study for Cheeks TownShip. Crawford indicated that this should be the primary focus of a report to be pre- sented in December. Crawford asked that staff provide information on subdivision development activity in the University Lake Watershed and the area west of the watershed to assess the amount of leapfrog • 1 development due to policies regarding the watershed. 1 Lansford expressed concerns about residents in the vicinity of Harmon-Young activity node and stressed her position on non- residential development in the area vs. existing residents, particularly in 3Oppa Oaks Subdivision. 6 Gordon recommended including a County financed airport location in the County as a review item. Pilkey inquired about the status of raising Corporation Lake Dam vs. mini-dams which was supposed to have been addressed by a speaker at the last public hearing. Crawford asked that staff report on this matter. Smith indicated the Joint Planning area was not included as this would be addressed by the COmmittee to the Board of County Commissioners at a later date. Irvin noted that industrial areas for Cerrboro would have to be addressed at a later date. Bacon stated that proposed landfill sites for the future Should also be considered. AGENDA ITEM 012: Discussion of a training or educational session far new Board 'Daubers Crawford stated that there was as expressed desire from new Board members for an educational session with Staff on the responsibility of the Board and on some of the planning aspects which are discussed in the review of land use proposals. She also said that the tour held a year ago was a useful tool in better understanding the County. There as a =census that the Staff should arrange another tour. cannity agreed to set up a session for the newest members of the Board; Bacon, Boericke, Pilkey and Walters. AGENDA 'TEM 013: Smith reviewed the changes made by the Board of County Commissioners in the adopted Procedures for Amending the Land Use Plan noting that the adopted version was essentially the procedures proposed by the Planning Board sub-committee. AGENDA mom #14: Staff presentation on the status of the Land Use Cede. cannity briefly described the remaining unfinished articles of the Land Use Cede (Streets, Utilities, Subdivisions Screening-Landscaping, Storm Water Management, Soil Erosion and Recreation) . He indicated that the Subdivision section was the next work item for Current Planning, after that the Planned Development Article would be revised. Crawford asked about the linkage between the Land Use Plan and Land Use Cede. Cannity stated that there were legal binds between both the Cede and the Land Use Plan. DRAFT 7 I The meeting adjourned at 10:35 p.m. I .. I PARED BY: APPROVED/DISAPPROVED ! w DA'T'E: II { -- « ;, (''''' (.(7 vii,j \\, LO V :_li 14 .- ,' 1 i,- co z: \ 6.), ';', ; I, i i • ......-- \ L. -J------ 1 _ T__ . , . ______.............__ „ ,,,,-_, ..... 1 1_______. __________......d .,;,___,,,,„_-2_____,5cr,,„,.,, . 1'`1 :; 1 :1 ?ialn and .+nerd t;'to this lhr J%a clay �_ ,.�∎ L1kleiWQti1' , 1';:)7• ,by :3 1a:4:,;.:., :'�?1t: Glenn Lloyd tend wife, Nannis Lloyd "` party or the first pn:t (• hether osis or snare) and pg,5 I Kearns!t 11. Lloyd and wife, Nancy C. Lloyd p=sty of the eecond p:tt (whether,ono or more) v TNESSEra: • 'That the,zed party of the first pas In consideration of the aura of TC*i DOLT...Tt3 and other good,valuable and aufAcIant coa.lJ- crntlons,paid by the:mid party of the second port,the receipt of which Is heroby acknowledged, has bargained wad cold and by these pre:scats do:a bnroaln,null o118 convoy unto tho naid party of the second part and b1.Isaias and r alyns nil that certain tic:'Sc perccl of lend in Bingham Township,Orange County,North Carolina,and more particularly described n;r follor•e: All that certain lot or parcel of land situated, lying and being on.tlle North side of the Green bo.lo Road, sometires known as the Antioch Church or Lake Road, and being secondary }iigii::ay ',io. 1005, and which said lot is more particnlirly described an BEGIMIING at a aiako II' „ in the North property dine of said road, the Southwest corner of the property of Ralph Nevada / hairs and running than a along the North property line of the naid road North 78° 1431 West {` L 220 foot to a stake, a new corner with 'the property of Pluner G. Lloyd and wire; running thence with their line North 5° 00' East 175 foot to a stake and South 78° ,43' East 220 feet to a stake in the line of the property of the Ralph Nevil:Le Heirs; running thence with said Neville Heirs line 'South 5° 001 West 175 feet to the I EEGMINIa1G, containing 0.86 acre, more or loss, an surveyed and plotted by J. Watts Copley, Registered. L_TXI Surveyor on December 1, 19614, and being a part I of the same land oa nveyed to Pinner Glenn Lloyd and wife liannie Lloyd by deed of Paul C. Lloyd and wife dated April. 5, 1939, and recorded in the Office of the Register of Deeds of Orange County inBook 197, at Page 172. al.o ':o HAVE AND TO HOLD the aforeseld tract or parcel of land and all privileges nrd appurtenances thereunto belonging to the osid party of the..rand part pnd bin heirs and assigae In foe ample forever. And the o:dd party of the first part does covenant that he Is eolaod of mid premises In fee simple and hen the right to caner the carne!n foe simple;that thelaame aro free from ibcumbreneea; end that he will warrant end defend the said title to the Dame r.calnet the claim.,of ell persons whomsoever. Wherever used herein, the sir�guier number obeli Include the plural,the plural the singular, and the use of any gender shall ba applicable to all;vendors,as the context may indicate. IN TESTIMONY WHEREOF tV a naid party of the first part has hereunto eat his head and eaa) the day and year first abort rrrit•.uu. _.._......�._.,..._ .._.., _. .:....._.,.._....,.(SEAL) L ?_22..- tJ1 .: ,"--.4kri7, SEAL) r , _ 17lx .- .1` •(UEtGy / • Nonrxe, }`orz1,G ? ' � � covrlx'Y. �_--- -- ci... '` 'y .7"ei., Iq•77er Ll a Notary Asbila In end for said State and County do hereby certify' that r'1P .. i t'�"-yd =" d wife, Nannie Lloyd the grrmtn';s ellbr aUp,app0r ed before me thin clay and aclraowl.dgnd the due execution of the foregoing died of conveyance. Witnnsy.rh�i(rr�1 i)nd sG�grr oal,this the i'/V day of „1.Tecombel' , 1 05 : My comm or'?r trr ac s,.' ,I .( /9 E jfL?;sL� fir:r Lj©1 x r p ?/ ._?eters Publl:.rt r! y -_ �� _ NORTH CAROLINA, COUNTY. f, ,a Notary Publio In and for acid State and County do hereby certify that , the,;rdntora,personally appeI red before me this day and acknowledged the due execution of tho foregoing deed of coneayancc. Witneco my hand and notarial seal,this the day of r ion 11y eommbian expires: I Notary Public — NORTH CAROLINA, ORA den COUNTY The foregoing corttfica a of Gn+.c.d Gil. rs•.IL.,t.4a■-• et 5(rcde,..d.�ir�l, ; .7 �,,,_„ �, M 13/are ndfudlod to bu terror. Lut this dead arid all certificate.be sivietered. Wttneai my bend,this the fir , day of th-[Ro-.,, L_.e.-i 14G , ^. _ I �_._ _ /-sh'frsy xJL f:ierk Superior Court Fileed.for rerutrstlon oni tholltliusy of ik)camber , 1904 , at �Xica of.):\K uird •my rr:ordeal In the OL c. of the llegiator of Deeds of Orange County, North Carolina, ook 200 t Page.Zo, etc; Betty June Hayes, egister of Deeds By /ry a. ._ .44.!-...-2§.:('.,�o��._-!#S5_lt,._ ,seats of Data. Phipps pg 6 t in - 1•••• ' I....4*, 1.',..1 i--.- - - rr —; -- " •, I.! -1..,;.1..!P.P.:•.„=",—4— —-- ----_ _—,; €"____ ----- --.--.---,,— 1- -t- -—"-- 7= .._ , m•............,.— --- H.., — ' I --C--L.--——---— ,".7--""t , TINA...lit/i........,..Ut,,i,l'S• ._ ______.....::::____Lil,,,,c,.: 1 .4....,'','..:.3,..,......................**, '". .1Q.M.KI.V74t. I'VeS.V.V./.;',:=::.:■0:,..9,.9 ,'. "''.. . 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Llrenro No. Elattriclitn making inglalintiott . • ..... nix'9 to twlifp WI ais rt,rtrio.Iilett.tnai;4:Ljpe5prov4,011 pnrroltAm io h,WrIrst ;.• rranted 1.1 ast Utaitlita I.rrupplp mr•rt-mr. ,..., ' ,--Y-A,•".e1....-4.-.e.-r-4-4......, .. ..- .. ..... , .. . . r.....atirn ,Fre'e_,„ -.. ,.. CliA.,,.F. GOLD Tirmftrlilp 1.1.0..ctir.n . 1 Camompuorogre ' -• / I Wet) f ,..■ i 4., f:4 ... Vrrir) ii":0." 1)",".11.).L ''i : ',).7.-;;,i.', ':;:';':. 77.)'-:',), :::: %: ,,`",,)$.,: :: •:''? ;;":'. ;:: ' :.'., .f.' ..:`,,, ;-'11,,,,...1i7j3.k?i,y,` ,7",:.![*.,t-','At.:■;,'•S.:.P;`,.4....- -ig.t r :.:". .,,..:i. 'i: ;:f' ...! ',..... ,..,:zii-,?:;,--.. : : ; :: .., ..:.. + . . . ..':....,.-: .1.,,,::,;:- .. ::: :..,). •;- . .. ,.. ' - .. . . . ' ::,:::':: -4..3 tr.* -r:.!..•.•..: ff.-...-..'..,...Larlf.f..;, c.. ..', •.11 .1' . ,.. „. ,. . i /I.:Z>i1I..a f telt;;C..1 ■;,0 r. 1 : , ,i...,4 t, ' , : '. t.'-6 11 ' •,...14,HQ. . .. '.. , SW n'r... .,,.■, Zr*••■■ .7.--* *;:,,,*,... 7 '7'..7-•'''":U:i.7';'..t)ein' ., * ,; :'' -a rf I :i...:.■ 4 tr i' J. . ' 1 _ - • I'-, ;if i . i ' . i ' '.s. 't,ii;41-11ii;7.'4'.• ,. i . ■ .' ,.. ■"." :. +4,'..i.. : -4-4,, •,: -. , . ....1:,.:P,..;*,'.1., . 11.-!..61 211 . ..; ..:., ' ,!;•‘,;:,i,i . .. . I I pg,7 ti 467, L:.tii?ii ,,r.- 'p C}.-,ri3llOE,<,1 v r7'_..,Y..�✓L/..., l `.. Cr 0.1.11...n..1.K. Y( t r;t lot' l r .;r r r ,r s t a :S • r Sl ° r'IS t•iM .n a ll , 4 F�,I I c .S•1 + 5- ;yi rS,1Y r A� '' ° 7-a al r i,:rJ `,.*••,7**. >7 1 ' + - s m{4 Y}1�� "1b^',^1 #:• y:.•:�4 tK I .v. ! i 1 r L i t % a' i� ,. 1 .L L[:T,^:..:.:;.._,-*'. :: ' • ..;w*{,.a 4:1 t ,C' .'gy ■ leri"fw .1-te.,.LO ) •1 ,ri1 *7•-• , .._ '.r f i 1.. .. .. ^i.s:t+ri Aa7iai n 1 �'4 t 5 -_., r !'37•, 11.,4yr'"si S i7yryC• `�1i. `�r r.;�, . . _, I -4 i • ...mi':-'n '" r to • ' = 1r f'/a z r H i a! 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I fKUr LH1i.Pii.�E.W L% I .. _ _ _ l t _ !., .,.., I_ i- _, n• • r1-7.:.77t,f,:'.:''”, _ . . i _ _• _ _..._ .. .._A ***+°1"...°•°'04'.'7.:7•44 H L.•+,t r, '' 4 i. 1t ct r 4 t:1 rtr r '1; ll''r< i" ! y iy 1 4 , t l l 1 Lri :,:.....,••••...•..k..., q ,} (' L .4 rho •4 1 r.' w'•e I1 , �,4-ii. m '.ii 1s't,ir L iil ., Y ti y y i, t ',. , Mr4 t' 5 E`3.. ,r, "v('-r 1,-.1..'±,'• 4 V i:s 7 .«•... .. y5 yam. ;. '"1 .I':,:Lik •,,rc^Sytti+.../1...•L.4—..-.:i. 4,4'+,.'u,.0.-e.-. lt.,,z44?aai.,i.-4 ,,,,a.�..r7 :,.'+..s Sf �. ,...�rwi,..`xai.: t 4! :.. fr. .rt1 'Tel. 13[l'.1•;:r.■ 071S1.4110.1 7' 1 1 'I..;`, I . 1 ORANGE COU:NT BOARD OF COMMISSIONERS Action Agenda Item No.-b--5 ACTION AGENDA ITEM ABSTRACT MEETLNG DATE November 22. 1987 Subject: 1982 HUD MANAGEMENT REVIEW 1 Deeertrent: _COUNTY MANAGER I Pnblic Hsaring: yes n no [ Attackanent(s): Iriformation COntect:g. R. Thompson Yes--3 Phone Number:. 732-8181 ext. 502 .- PURPOSE: To consider authorizing response to the June 22, 1982 HUD Management Review and to notify Chapel Hill Housing Authority on any future contractUral arrangements for administration of the Section 8 programs through the Chapel Hill Rousing Authority. NEED: As prime Isponsor of the Section 8 Existing and Moderate Rehabilitation Programs he County received the findings of the Review in order to render a response by August 6, 1982. Time has been extended by HUD to the end of November in order to allow the Housing Authority, which administeTa the program through subcontract, to formulate a deficit reduction proposal, resolve programmatic findings and get these approved by the CoUnty prior to submission to HUD. In the interim the latter were resolved leaving only the issue of deficit reduction to be addressed. Answer to this question will depend on the option selected. The Board needs to consider options (outlined in attached October 6 memo) together with the advantages and disadvantages which apply. Sugject to the Board decision as to future administration of the program and action needed to be taken on the subcontract. If the Board wishes to continue the relation with the Housing Authority it needs to renew the expired contract. If the Board wishes the County to assume the program it needs to give the Housing Authority notice prior to assumption on January 1,1 1983, i See attached letter and report from Housing Authority dated November 12, 1982. I IMPACT: HUD's Washli.ngton Office has (since the Board's October 25, 1982, meeting) granted a S10,453.83 credit for exception rents approved from 1977-1979. This reduces the deficit from $27,595 to $17,141.17, I 1 Other impacts are referenced in the October 6 memorandum. 1 I i RECOMMENDATIONS: As he Board decides on: 1. 'Response to the Management Review; and, 2. !Further contractings or County administration. 871 871 ' 188 ORANGE COUNTY Agenda zDpamoF COMMISSIONERS ��� Item ��- / Az�zN p/ysNoA ITEM Aa�ro�T '��_� MEETING DATE October 25 1982 Subject: 1982 HUD Management Review Departnent: County Manager | Public Hearing: '=~ ^ no Information Contact: xu��c�re�� s ; Kenneth R. Thompson : ext. 501 - - - - s6onem�no=r ' -' ' To consider authorizing response to the June 22, 1982 HUD Management Review �z���D� and to notify Chapel Hill Housing Authority on any future contractual - � ge_ Hill ments for administration of the Section U programs through the Chapel � Housing Authurity, NEED: As prime sponsbr of the Section 8 Existing and Moderate Rehabilitation n Programs the County the findings of the Review in order to render a response by August 6, 1982. Time was extended by HUD to the end of October in order to allow the Housing Authority, which administers the program through suhcontra:t` to formulate a deficit reduction proposal and resolve programmatic fi"djngs^ In the interim the latter were resolved leaving only the issue of deficit reduction to be addressed. Answer to this question will depend on the option selected. The Board h) ---together d� to consider options (outlined under separate cover date~ ~c^--- nee with the advantages and disadvantages wh�cn aPP l y. - -- am Subject to the Board decision as to future a program and dm�niitrn�fon of the If the Board wishes to continue action needed to be taken on the subcontract,needs to renew the expired the relation with the Housing Authority it »ee e the nrogram it needs contract. If the Board wishes the County to assum to give the Housing Authority 00 days notice prior to assumption on January l , 1083. IMPACT: The possib1lityexists that the deficit could be reduced from the auditedy $27,59E to approximately $17,000. however, this is subject to approval the HUD Office in Washington. Other impacts are referenced in the October 6 memorandum. RECOMMEMDATION(S); As the Board decides on: 1. Response to the Management Review, and Z, Further cnntractings or County administration. 872 .~ ' - , 189��- MEMORANDUM TO: Board Members FROM: County Manager DATE: October 6, 1982 RE: Section B Existing and Moderate Rehabilitation Programs The County is nearing a point at which decisions will need to be made on the Section 8 Existing and Moderate Rehabilitation Programs, xhjch maseu»se �s due to HUD by the end of October on the Nanagemenzexev`ewog response / l and administrative problems in the way programs were being on found fiscal Chapel Hill Housing Authority, The County must sign o if handledwbys teo Aapenr�ty has developed nr substjtutotitstowntanswersuusjng �«� =" �' the Authority Moreover, County contract with the .. these are found unsatisfactory, ` contract changes. Since Authority calls for a 60 day notification of anyc»nr would need to be the new program year begins January l , such notification = made by November l. Uriginally, the response date was set at August 6. Delays were granted by HUD in order to allow the Authority more time to formulate its t plan for deficit reductions and to clarify the exac t amount in deficit. ------- What follows will be the listing of problems.rnblems' The first two were raised by the Management Review. The remainder directly problems found in researching related to the Review they the history of the programs; though not irecz/y re` too should be dealt with in deciding the scope o f corrective action. l Administrative and operational expenseshave exceeded nthe famount ' for these purposes thereby creating deficit. HUD has granted 2 Procedural errors were cited in 11 areas. 2. J The auditing cycle for the two progr ams is not in conformance The State 3. with requirements (G.S. Chapter l5Q) of the State.a e' 2 lls for an annual audit whereas practice has been every «a come It has been only recently that all housing authorities years` under the annual requirement and that due to the have li General's ruling. _ 4. Since 1978 there has been no contract between the County and ' the Chapel Hill Housing Authority for the Authority's admini- stration of the program. 5. The County has not monitored nor enforced requirements of the ' administrative plan which was Exhibit A of the contract, �,�� " . ~ 190 _-_ Section 8 Existing ' ' , Board Members OPTIONS TO---------THE COUNTY allow 1. Renew the contract which would a ow th e Housin" Authorit to ' continue to administer the ^rn°rams' ------� at lt ha� S years of program administration and assuming it will Review and take ^ ` ill comply with the findings of the Management ,= corrective action, a tighter program should result. b. All of the procedural errors have and HUD ^ h ve been resolved as result of meetings between the Authority un HUD. c. It has a plan for deficit reduction though the period over ^ which it would accomplish this is in excess of that which could be achieved if the County assumed the program. The cudited deficit is $27,595. If credit could be given for audited rents between 1976-1979 the remaining deficit �would be approximate�' S17,000 (Al Stevenson, the Authority wouector is to be credited for having held HUD's 5fatzenr`the Director � the �27 �9 figure,commitment). Assuming , " ' —_ to this past oo ` ' `'— --would eliminate the Authority's proposal deficit reduction v«ut e would take 12 month ~~~~-� amount is �l7�OO it wnu amount in 18 months; if the nmo greater the d. The more programs the Authority has the gre ' opportunity . ' ` exists fdr spreading costs of overhead, Disadvantages a. The County would continue to be removed from routine oversight. ' h Town of Chapel Hill as to bringing b. Recent discussion by the under the jurisdiction of the Town raises questions as to the co other Authority programs sntjnuity of the Authority as a separate entity able to contract with the Cou»ty'l audit which is information Th� Au�hority could not soon afford an annual zn c' one of the means for more readily available fiscal cnndit1ons' subcontract the ,roqram but administer it as 2. TU �oun� ov .""°~ _ - -------- a. The department has its own housing experti and experience of block grant ^ with HUD as evidenced in its administration» funds in Northern Fairview and its successful completion of two County HUDmoniturin�with no finding of deficienoy, it did originally subcontracted with the Authority because not have the capacity which now exists. b. Locating the programs in a larger organization means less ' cost of overhead to be charged to the programs. Budget 874 - —_ - Board Members Section 8 Existing . ' ' figures developed by my office and based on other housing programs the size of that existing in Orange County, shows County ability to reduce the deficit in a shorter period of time. It would take 11 months if the deficit were at eve and months level d 7 if the deficit is �l7 the $27,595 rmn 000., Once the deficit is eliminated any surplus income would c' accrue to the County for such other housing goals as reha- bilitation beyond target neighborhoods, establishment of a revolving loan fund, or housing weatherization. d^ This option would give a vehicle for more of a county-wide housing effort while at the same time ensuring stability to a department which may be able to make use of further gran t funding. e. The County is already writing the rent checks for the pro- gram,' ram utilizing data processing. Disadvantages a um that is already operating with ` Obviously am deficit` assuming a program an increased pressure on the County. b. Assumption would increase the County's administrative burden. Transition from one administrative unit to another will c' cause some temporary loss of efficiency. However, this can be mitigated by providing an adequate period for transition. LATEST DEVELOPMENT From the foregoing it is clear there are many pro's and con's to be weighed with both options An airing of views took place October 1, 1982 in meeting with the Housing Authority` O Chairman and Director. It is expected they will discuss the matter further when the Authority Board meets October 12. AGENDA SCHEDULING Board of Commissioner action will have to be taken on October 25 unless further extension is requested and granted from HUD. If the decision is for the Board Authority to continue administration of the program ne o^,d no"l" have to approve the Authority's deficit reduction plan and submit it in its capa- city as the Orange County Housing Authority. Conversely, if the ctdcoc'would."e ^ for County assumption, an alternative proposal for deficit reou ` // ° would be subject to HUD approval. Either plan wou e ' ----' ~=-- R. Thompson ---- KRT:nm H sing Authority Section 8 Existing and Attachments: Housing Rehab Budget for 1983 Possible County Section S tio Section 8 Existing and Moderate Rehab Budget for 1983 SECTION 8 MODERATE REHABILITATION PROGRAM PROPOSED BODGE) APPS<url<iAiluvi , FOR FISCAL YEAR ENDING DECE148ER 31, 1983 1982 1983 + Increase Explanation of Increase Approved Budget Proposed Budget - Decrease or Decrease A,.ro'riations A•,ro.riations Category COME $ 29,187.00 $ _D $ 29,187.00 $ 8,388.00 Decrease due to Preliminary Funds being arned Administrative Fee 8,388 DO __---=D— —5-- .00 allocated only at initial start-up of reliTo al Funds $ 2g 187 00 $ (8.38.00 the Program. $ 37,575.00 Total Income :XPENDITURES positions 2,480.00 (1,703.00) Decrease due to salary prorations. 4,183.00 773.00) Decrease due to salary prorations. Executive Director 1,855.00 1,082.00 ( 773.©0) Decrease due to salary merit increase Executive Secretary 2,047 DO 1,193.00 as of 9/1/82 and salary prorations. accountant 618.00 Increase due to full-time Program Man- ager 4,142.00 ager from a 60% proration. Multifamily Housing Programs Manager 349.00) Decrease due to demotion to Housing 3,757.00 3,408.00 Counselor position. Unit Supervisor 46.00 Increase due to 1982 merit increase 3,045.00 3,091.00 for 12 months rather than 8 for 1982, Housing Counselor 1,704 ©© (1,704.00) Decrease due to reducing 100X position 3,408.OQ to 50%. Housing Counselor 766.00) Decrease due to new employee and lower 1,430.00 66A..00 ( salary scale. Clerk-Typist 93 1 ( ,9 ,p0 1 Position terminated 10-1-81. 1,993.00 -0- Clerk-Typist 17,764.00— $ (7,478.00) $ 25,242.00 $ Reduction due to less salaries being paid. Total Salaries 3,375.00 (1,490.00) 4,865.00 FRINGE BENEFITS ( 60.00) Decrease due to overestimate of 1982 597.00 537.00 budget. TRAVEL Do SUNDRY 360.00 Cr 360.00 560.00 ( 240.00) Elimination of the idX line. Cr Postage 800.00 Telephone 469.00 Increase due to underestimate of the Office Supplies, Legal Services, 251.00 720.00 1982 budget. Rent, Utilities -----" 8,799.fl0 . $ 32.115.00 $ 23,316.00 -1 , Total Expenditures $ 5 ,460.00 $ 5,871.00 Projected excess or (deficit) -----------_ SECT EXISTING PROGRAM PRUPUStU ISUUtikl F-- FOR FISCAL YEAR ENDING DECEMeE_� R 31, 19$3 CC 1982 1983 + Increase Explanation of Increase G.+ Proposed Budget or Decrease Approved Budget - Decrease Ca to�or A oraoriatians As,ro+riations �09E $ -0- Co $106,217.70 $106 217.70 $ _0_ rneT Administrative Fee 1g6�217i70 106,- �'o Total Income ;PEND S rorations. (123.00) Decrease due to salary p �sitions 10,396.00 10,273.00 _q_ :c unta Director 4,942 00 4,482.00 (4.00) Decrease due to freezing merit increase tecutive Secretary 4,946.00 4,942.00 as of 9/1/82 :countant 5,997.00 Increase due to full-time Program Man- 16,570.00 ager from a 60% proration. 10,573.00 Decrease due to demotion to Housing n tifaper Housing Programs Manager 13,632.00 (1,398.00) Decrease eosition. 15,030.00 Increase due to 1982 merit increase nit Supervisor 12,365.00 181.00 12,184.00 for 12 months rather than 8 for 1982. lousing Counselor (6,816.OD) Decrease due to reducing 100% position 13,632.00 6,816.00 to 50%. lousing Counselor (802.00) Decrease due to new employee and lower 3,554.00 2,752.00 pay scale. �lerk-Typist _©- 1,970.0© Position terminated 10-1-81. 7,970.0© $(10,935.001 Clerk-Typist To $82,767.00 571,832.00 Total Salaries (1,b 34.00) Reduction due to less salaries being 16,000.00 14,366.00 paid. FRINGE BENEFITS (200.00) Decrease due to overestimate of 1982 2,000.00 1,800.00 budget. TRAVEL 1,200.00 �°- SPoDRY 1.200.00 (2,800.00) Elimination of the WX line. Postage 4,000.00 1,200.00 Telephone 3,349.30 Increase due to underestimate of Office Supplies, Legal Services, 250.70 3,600.00 the 1982 budget. Rent, Utilities r'^ $ 1'L,219.70 $106,217.70 $93-_ 998.0© ' Total Expenditures _-- Projected excess :�r (deficit) $12,219.70- 194�~ ~ ' _ _ - ' _ ORANGE COUNTY PROPOSED SECTION 8 EXISTING (353 UNITS) AND MODERATE REHABILITATION (97 UNITS) BUDGET FOR 1983 Salaries and Benefits Director (75% of salary) 21,S27,59 Secretary (50% of,salary) 6,504,26 . _ (3) Housing Counselors 54,634.29 " (3) 82,666.14 Travel 3,000,00 Telephone 1,600.00 2 in Hills. @ $31/month 1 in Chapel Hill 0 $35/Month Long Distance Charges Datu Processing 2,600.00 $50/month Service $1,400 Program Development $600 (terminal) Audit (estimate from finance director) 1 ,500.00 ' -- Office Supplies 1,700.00 Finance (indirect cost) 7,500.00 Legal Services 1,000.00 Postage 2,000'00 Rent Estimate based on occupancy in 1,000'00 - Uld Police Building $104,066.14 ----- Earned Sectinn 8 Existing 106,217.70 Section 8 Mod Rehab � 29,187.30 135,405.00 Surplus Generated in FY 83. Administrative Fees - Proposed Budget =$31,338,86 Note: Budget assumes that some supplies & fixed assets will be transferred from Housing Authority. . 87E 1q_ - �� �_ �������� _- __ - __�__-_- ' '_- __-_ ` � . THE CHAPEL HILL HOUSING AUTHORITY m,"°`oWeu STREET EXTENSION CHAPEL HILL N C ,,s.^-TELEPHONE,so"°"" Acv/r4 s sr�vs°sow November ovembor l%, 1982 Mr. Richard Whitted, Chairman Orange County Commissioners 128 West Union Street Hillsborough, North Carolina 27278 SUBJECT: Recommendation of the Chapel Hill Housing Authority Concerning Management Responsibilities for Subsidized Housing in Orange County Dear Richard: Pursuant to previous discussions and correspondence relevant to management responsibilities for the Orange County Housing Assistance Payments Programs, the Hill Housing Authority respectfully submits the above referenced recommen- dation �n the consideration of the Orange County Commissioners, This recommenda- tion r r 1 d discussed and unanimously approved by the Chapel Hill Housing Authority, at tion *as reviewed,`its regular monthly meeting on November 9, 1982. As Chairman of the Authority, the Commissioners have requested that I make the presentation of this recommendation to your Board. Please notify me as to /m the date and time of the County Commissioners' meeting at which the enclosed recommendation will be discussed. The Authority's recoomendotinn concerning management responsibilities for subsidized housing in Orange County is also being forwarded to Mayor Drakeford and to Mayor Nassif for their information and review. If you have any questions or desire additional»na information regarding this.Alvin E. Stevenson, the matter, please do not hesitate to contact me or Mr. Authority's Executive Director With warmest and best regards, l am, Sincerely you u+,"^°~ ~-' ,A^ . Thomas H. Heff�h� Chairman Chapel Hill Housing Authority TMH:snj Enclosure(s) 1 cc: Mayor Drakeford Mayor Nassif ~/County Manager _ - - ` _' -- - - - - ' . • w ' ^ 1g� ^'~. ^ THE CHAPEL HI LL HOUSING AUTHORITY 317 CALDWELL STREET EXTENSION CHAPEL HILL N C 27o^-TELEPHONE oao.455" ALVIN E STEVENSON EXECUTIVE DIRECTOR RECOMMENDATION OF THE CHAPEL HILL HOUSING AUTHORITY CONCERNING MANAGEMENT RESPONSIBILITIES FOR SUBSIDIZED HOUSING IN ORANGE COUNTY of single with one purpose, that of providing affordable The vision u a s ng e agency` , housing in Orange County, is not new. The concept is being expressed again, now, 7 because the-rrugmen tati on of available housing services is being considered. Over the years, many people have recognized the efficiency of a single operation for counties (school bnards, housing authorities, etc.). In this period of being faced with the need to accomplish more with less resources, consolidation of such services is an avenue that should be fully expinred. The following recommendation comes from a Board of Commissioners whose undivided responsibility and concern has been housing. This is not a recommendation about who should administer a housing agency; nor how a Board should be constituted. The concern here is the provision of housing services of the best possible quality for low and moderate income citizens of Orange County. The Chapel Hill Housing Authority recommends that the manage- ment responsibilities of the Orange County Housing Assistance Pay- ments Programs (Section 8 Existing and Moderate Rehabilitation) not be transferred, at this time; that, in general , the most efficient way to administer housing programs is with a single administrative unit; that Orange County and the Town of Chapel Hill initiate action to determine how such an administrative unit may be organized and structured. This recommendation is based on the following: Board Commissioners for Low u A g d A. The Governing Board: Rent Housing Programs is working to serve the needs of a - - 88C Y9 / _ specific group of people. That group, in fact, is under- represented, less articulate and politically less potent than the general publi:. A separate Board is able to act in an advocacy capacity for that group, considering their needs alone and lobbying for that group in competition for avail- able resources, The consideration of housing needs and housing programs is highly technical, requiring some knowledge and skill , but most of all time for a clear understanding. The scope and quality of the work of a housing Board, the important policy issues, cannot easily be the additional items on the over- worked agenda of a County or Town Governing Body. Having all County housing programs under one umbrella, with a unified goal , has the potential to bring forth consistent and purposeful policy development. B. Central Intake/Central Data: CvrrentlY, a low income family can apply for Section 8 Existing assistance and Public Housing in approximately five minutes, because one clerical person can take both applications and explain both programs. The rationale for locating the Housing Authority Building where it is, as part of a County Services Complex, is working. There has been more interaction of &using Authority staff, with other agencies than ever before, and therefore, more community awareness of housing services. The location lends itself, and the building is used for, community meetings. Both Section 8 Programs, as well as Public Housing, have worked well with Community Development Programs in Chapel 881"~� 1W8 . ' Hill , Orange County, Hillsborough and Carrboro. Regardless of administrative responsibility, these programs must interact. Centralization of housing related information has been an important factor for those gathering data, as well as for those using it. Planners, Social Workers or others making referrals can count on consistent information from one source. One can foresee a possible standardization of priorities, of record keeping and a central data bank utilizing Orange County's data system` A comprehensive overview of housing needs and resources, dollars spent and program efficiency could eventually be avail- able from one source' C. Mobility: Neither housing needs, nor the citizens of Orange County recognize the boundaries around a municipality. The same people move all over Orange County, as well as Chatham and Durham. Indeed, HUD would prefer that housing needs be addressed in larger areas, instead of according to jurisdictional linen. Housing Authorities need to address, as far as possible, the rights of families and individuals to choose where to live. The Public Housing in the County is scattered, and considering the peculiar rent situation. Section 8 Certificate Holders have shown remark- able mobility. This mobility needs to be encoumged. Fragmentation of programs leads to frustration on the part of the consumer and diminishes the current movement from one program to another. D. Consolidation: While the combining of funds from different programs is usually prohibited, the use of time and talent across program lines is very efficient. The scale of housing programs in ��, ~~_ ' '- ` . Orange County, even when all put together, is small . The current "administrative layer" has the demonstrated expertise to compete for funds at the Area and Federal levels. A very small program cannot afford this expertise. One Accountant handles all programs. Inspections, eligibility, property acquisition, rehabilitation and clerical support are all areas where more than one program has been addressed by one employee. Understandubly, some functions, such as accounting or personnel , could be handled at an even broader level. Some very technical skills though, might not be available elsewhere in a government structure. Prorating time is sometimes seen as a negative factor, as one program paying for another; but, it can be handled fairly and accurately, and is clearly more efficient. The idea of consolidating housing activities is not new; it is a concept that has been advocated by the Department of Housing and Urban Development for a number of years (see attached letter dated April 23, 1970). This concept has been discussed, recommend- ed and approved, as late as 1978, by the Town of Carrboro and the Department of Housing and Urban Development when the issue of whether the Town of Carrboro should establish and operate its own Housing Authority to receive and manage the thirty units of public housing was being considered. The Carrboro Board of Aldermen made a decision not to further fragment housing services in the Chapel Hill-Carrboro Community. At the Public Hearing for the Special Use Permit, in 1982, this issue of fragmentation was raised again, and the Board of Aldermen reaffirmed the consolidation concept. The Chapel Hill Housing Authority urges the Orange County Commis- sioners to continue and further explore this trend toward consolidation of housing services and resources. 88,:i 200 . _ /WON U.S.Department of Housing and Urban Development Greensboro Area Office,Region IV e* i * 415 North Edgeworth Street 4.. 111 Greensboro,North Carolina 27401 -.ow/ November 15, 1982 Ms. Anne Barnes ataii-mmn, Board of County Commissioners, Orange County 106 East Margaret Lane Hillsborough, NC 27278 Dear Na. Barnes: This office has received a one-time-only waiver to requirements of Chapter 8-4b of HUD Handbook 7420.7, to permit the Chapel Hill Housing Authority to calculate the earned administrative fee for the Orange County Section 8 Existing Housing Program, using the Field Office approved excep- tion rents instead of the published fAir market rents (FMR) in the Federal Register, for the years 1976 through 1979. For the four years concerned, this office has calculated the total difference to be $10,453.83. A copy of this waiver must be maintained with the Orange County Section 8 Existing Housing Program financial records. Should you have any questions concerning this waiver, please feel free to call Paul Titus, telephone number (919) 378-5181. Sincerely, (i.P.c-le„4-er! Robert T. Pearson Acting Chief Assisted Housing Management Branch, 4.4.MIA cc: Mr. Alvin E. Stevenson Executive Director Chapel Hill Housing Authority Mr. Kenneth R. Thompson County Manager, Orange County - _ _ . : . ' .-.::% ;:v.:' V . k , cezuzE oawrx . -- k BOARD Ce CCMCISSIONMS , Action hgenaa . - Item vo. ACTION p.saraN J.I.T.A. Assrnacr MEETZ:G DATE Nov. 22, 1982 ... Subject: Joint Planning Agreement Dep . - t T. Pl' f V . Public Hearing: yes x no . . . - . ' . --,------- ----1 Ati=chrrent Cs): .;--- Information d=t: Marvin Collins . . . Revised Draft-Joint Planning Agreement Ph= NUOberz (919) 732-8181 EXT. 349 I ._ • • . . . . PURPOSE: To consider a revised proposal to establish a method Whereby coordinated and comprehensive planning may be provided for in the Orange County-Chapel. Hill- Carrboro Joint Planning Area. NEED: In February of 1982, a final draft of the Joint Planning Agreement was completed by a committee composed of representatives of Orange County, Chapel Hill, Carrboro and OWASA. The draft was sent to the attorneys of each governmental unit in March of 192 for comment and was subsequently,revised in April of 1982 to reflect. their concerns. Further discussions between the County Manager and the Town Managers in avember of 1982 resulted in additional revisions. . . _impAcT, The revised Proposal would establish a designated joint planning area within which development ntandards of the Towns and OWASA would be estehlisbed and enforced. The proppsa]I also contains water and sewer extension policies and established courtesy rev ew procedures. Specific changes to the proposal suggested by the Town Managers include the following: 1. Section 212A - Rather than the County adopting and applying equal or greater standards it has been suggested that the County adopt and apply the development standards, of the Towns. 2. Section 3.A - The word "should" has been changed to "shall to insure that all water d sewer extensions are made according to locally adopted land use plans. 3. Section 2J 3G - Add a proviso which reads "However, OWASA shall abide by the standards Of the appropriate governmental jurisdiction when said standards exceed thobe adopted by OWASA". 4 Article 31 - Amend to read:- "The extension of water and sewer lines in the Joint Planning Area: Rural and Joint Planning Area: University Lake should be discouraged, movided, however,_any extensions'which are made shall be in ' donformity with Land Use Plans in effect." 5. Section 4.4 - A sentence should be added to the second paragraph of that section to read: "Such response will include, as a minimum, that the reviewing parties have commelited or waived comment on a particular project proposal.` RECOMMENDATION: It is recommended that the Joint Planning Agreement be approved by the Boat. of Commissioners subject to the approval of the partici ating jurisdictions. • . ''''' r 7grtlirrm51-WriCilii,-;IFI, ''''t"- .4'Pr.,14-1 cinr--7.;:its".1-17, 77 ' 1 %. 1 'SECTION 1.2 DEFINITION OF THE JOINT PLANNING AREA. The Joint Planning Area includes the area defined between the . corporate boundaries of Chapel Hill and Carrboro and the outer edge of the Joint Planning Area: Rural and Joint Planning Area: University Lake Watershed. The Joint PlLning Area contains the following area designations: .., J4int,Planning Area: Ten Year Transition Joint Planning Area: Twenty Year Transition Joint Planning Area: Rural Joint Planning Area: University Lake Watershed , . SECTION 1.3 CREATION OF THE JOINT PLANNING PROCESS. 1 r • There is here y established a joint planning process for the re- view and mane ement of land development In the Joint Planning area. SECTION 1.4 MUTUAL PROMISES AND CONCERNS. ' I It is agreed hat a mutual policy of good will is essential to this process, and shall be adhered to by all parties to the Agreement. , o 1 ARTICLE 2. MUTUAL ADOPTION OF STANDARDS SECTION 2.1 MUTUAL ADOPTION OF THE JOINT PLANNING AREA LAND USE 'LAN AND MAP. It is agreed 1hat the joint planning process will be based upon the mutual adiption of the Joint Planning Area land use plan and map which Idelineates those areas likely to be developed at urban densiti s within a ten and twenty year period: Joint Planning Area: Ten Year Transition Joi t Planning Area: Twenty Year Transition and those area that will remain rural during the twenty year period: Joint Planning Area: Rural 1 and Joint Planning Area: University Lake Watershed. The Joint Plani4ng Area land use plan and map are based on the t, Orange County and Use Plan, specifically those relevant portions 2 . 1 .,, -,t-.`i.''eF-,:7 !: :.. -:-.,;•-'.•!'',A,,,:' ,"-;:',' ''''/' 7..;:I!:'I -f 1':7:'':.'t,:i1I.1.! ..I;^-.....!';,r04:6,706,y .' I . I . ? _ I . of the Chapel Hill and Bingham Township Components, and Incorpo- rate certain policies appropriate for the implementation or the Joint Planning land use plan and process. . , SECTION 2.2 MUTUAL ADOPTION AND APPLICATION OF DEVELOPMENT -:-' STANDARDS. . . It is agreed that development standards appropriate to the Joint . ... " Planning Area will be adopted by all parties to the Agreement. .. , . A. Orange County will adopt and apply development standards in. the Joint Planning Area which will be those of the respective Townsi and those of OWASA, The Joint Planning Area will consist of the Ten Year Transition and Twenty Year Transition Areas as delineated on the adopted Joint Planning Area land use plan map. B. The Towns of Chanel Hill and Carrboro will adopt and apply development standards. in the Joint Planning Area outside of their cornorate limits, but within their extraterritorial planning jurisdictions, as delineated on the adopted Joint Planning Area land use plan man, which meet or exceed'Orange Count 4 development standards. , -1 SECTION .2.3 DEVELOPMENT STANDARDS ESTABLISHED, I . . . - : , It As agreed a development standards for the Joint Planning Area' will be ropted by all parties to the Agreement as follows:- A. . Standards for density of development will be adopted in accordance with the Joint Planning Area land use plan end zoning ordinances of the Towns and County subJect to the courtesy review process. (See Article 4) . . B. Within the Joint Planning Area: Rural, outside the waterehed, a two'acre minimum lot size will be re- quired along with performance standards which pro- . vide for: 1) two drainage fields to be required in the subdivision regulations; 2) stormwater management measures; and 3) setbacks to keep a rural area looking rural; as well as any other performance standaids%Olaf . . , may be necessary. C. WithinIthe Joint Planning: University Lake Watershed . a minimum residental lot size of five (5) acres will be reqUired without stormwater management measures and a minimum residential lot size of (2) acres required. ' coupled with stormwater management measures. Also required will be performance standards which provide for: 1), two drainage fields to be required by the sub- divisi n regulations; 2) appropriate setbacks, ao well 1 as any other performance standards that may be necessary. D. Standards for appropriate types of uses in the Joint Planning Area will be adopted in accordance with the Joint Planning Area land use plan and zoning ordinpneva , or tne Towns and County subject to the courvesy revaew process i (Fee Article 4) ' 1 3 • 1 , , I 777:Mr.r .P.,P4 :'.',:4'...1,:-..',-.;..T',..-:.,-...,:,-,..-,i,.,4„ '^ ' ' - .:,••..C...,-, ' :';':'.'I.;'i'...4'I.4 i,Y.'- . . — _..... _._ . ' . _. E. Standards for reads and streets will be adopted in ac- - cordence with the Chapel Hill-Oarrhoro Transportation Plan subject to the courtesy review process. F. 'Standards for police and fire services will be adopted subject to the courtesy review process. t ...._ , - ... i . . G. Within the Joint Planning Area the specifications and standards of OWASA are accented by the governmental units as the development standards for water and sewer services. However, OWASA shall abide by the standards of the appropriate governmental jurisdiction when said standards exceed those adopted by OWASA. , . ..... AFtfICLE 3. WAMPLANDSIDEREXTEtTRZS 1 , . . The planning and extension of water and sewer services in the Joint Planning Area shall be accatlished in confornance with the policies of (MASA and the following general principles: . . , . A. Water and sewer extensions shall be made in a manner Whieh conforms to the Joint Planning Area land use plan. . . ' . , . . , B. Water and sewer extensions outside the corporate bound- aries of the atroms should be made within the timing and ideational framework provided for in the Joint Planning Area land use plan categories: Joint Planning Area: Ten Year Transition • .. Joint Planning Area: Twenty Year Transition ..:_.. ...- . Sant Planning Area: Rural Joint planning Area: University lake Watershed . I - C.. Water and sewer extensions should be considered in light Of the policy of the Towns and County to pranote infill development in the Towns. fl. The extension of water and sewer lines in the Joint - . Planning Areais most appropriate in the area desig- nated Joint Planning Area: Ton Year Transition first and the Joint Planning Area: Twenty Year Transition,. second. E. The extension of water and sewer lines in the Joint Planning Area: Rural and Joint Planning Area: University Lake watershed should be discouraged, provided, however, any extensions which are made shall be in conformity with '. land use plans in effect. I ' . F. The extension of water and sewer lines into a net dr-ainage basin should be considered in light of the facility and desireability of serving the entirety of a drainage basin. - I C. The sizing of water and sewer extension lines should .. ., reflect the prinicples outlined above. The courtesy review process for water and sewer extensions is contained in an Addendum to the Agreement. 4 . . . • , ' __^-- -___ - • _ � .- :ARTICLE 4 REVIEW ' SECTION 4.1 COURTESY REVIEW ESTABLISHED. . • It is agreed that Orange County, Chapel. Hill and Carrboro, through their respective planning departments, will advise each other and '; 'MASA in writing as to their respective land use plans and assa- ciated land, use policies and regulations and amendments thereto. :, OWASA 'in tdrn will advise the governmental units of their'water , and sewer extension policies and regUlations and amendments there-, It is agreed that administrative procedures shall be established ! to provide for review, comment and recommendation of all development projects intthe Joint Planning Area by affected parties to the I Agreement p7ior to final action by the party With jurisdiction. _ ___I , Each party to tfie Agreement shall establish a review sphedule for . projectt within their resliective jurisdictions. TheSe schedules - " are.outlined in d'Addendum to the Agreement and may be changed . by the respective parties without requiring an amendment to the . . Agreement. Each party tO the Agreement shall be giveh proper- SECTION' 4.3 'COURTESY REVIEW AREA. ' . . It is. id extended as Tollews: ' Oiange County's courtesy review area encompasset the entire Joint -. Planning Area. - . Chapel H1111:1 and Carrboro's courtesy review areas are delineated 1. to -the north .1)y the Southern Railroad line and to the south by a line 250' east of the centerline of Smith Level Road (SR 1919). ' Chapel Hill's , Carrberols_ relew area.lies to the west of said lines. . The governmental unit in whose jurisdiction a droject is Ideated will allow sufficient tite for the other parties to conduct their review prior to final action on the project. The -parties reviewing a Project within the 'jurisdiction of another party will conduct their review as expeditiously as possible. The courtesy review period will begih on the day a nadject 4 aCr. epted bY a particglar party, at which time they will mail additional copies Of the Iproject to affected parties of the Agreement for review The courtesy review period will be forty-five (45) days during . which period the reviewing parties will provide the party with final responsibility\with a written response. Such response will inClud , as a ndnimum, that the reviewing parties have commented or waived, , comment on a particular project proposal. The single exception to the specified courtesy review period minor subdivis4ons as defined by the respective ordinances ofaitle Parties to the !Agreement. I ______ _ 5 , _ -'----- -- �- - - -_ __ | — ii | | . ^. � ., - • In all cas s failure to respond by any party to the Agreement is deemed 0 be inappropriate. In all reviews the parties involved will notify each other of their revi tw schedules and the party with final review will accomodate the review schedules of the other parties. . '. ARTICLE 5. AMENDMENTS SECTION 5. AMENDMENTS TO THE JOINT PLANNING.AREA. LAND USE. PLAIt Proposed amendments to the Joint Planning Area land use plan shall be herd and discussed by the Joint Planning Advisory Commission. The parties agree to refer all amendment requests . to the-Joinft Planning'Advisory Commission for its comment, coordination and recommendation before action by any of the parties to the Agreement. A recommendation for amendment'to the Plan stlI be proposed by the Joint Planning Committee to the Boards f the parties to this Agreement for consideration and mutual adoption. . I ' . . Procedures pall be established whereby amendments to the Jpint Planning Area land use plan are to be requested, con- sidered and mutually adopted by the County and Towns of Chapel Hill and Carrboro'. These procedures shall reflect the intent and' purpobe of the courtesy review process. These amendment ' procedures are outlined'in an Addendum to the Agreement and may'be chan ed by the respective parties without requiring an amendmen to the Agreement. SECITON 5.2 AMENDMENTS TO THE AGREEMENT. : Proposed amendments to the Agreement shall be heard and discussed bir the Joint Planning Advisory Commission and mutually adoptOd by he parties to the Agreement through the fbllowing • process: A. Each party will receive notificatim of the amendment proposal prier to the consideration • of the proposal by the Commission whole. • B. Sufficient time will be allowed to permit conOideration of the amendment by the , .. res active Boards of each party. C. Eaci party will bring their Beards' recommendations on the amendment to the . . Cornission during the Commission's de-' li rations on the amendment. D. AmeT3ments to the Agreement shall be made by mutual agreement of all the parties to the Agreement. E. Amendment to the Agreement will be properly noted in an addendum to the Agreement. 6 . 1 ARTICLE 6. IMPLEMENTATION SECTION 6.1 IMPLEMENTATION OF THE AGREEMENT. The parties to this Agreement recognize the need for cooperation among all in order for each to carry out important governmental functions. In the interest of promoting that cooperation, it .• is agree4 by all that the Planning Department or staff of each shall establish administrative working procedures to implement the purpose of this Agreement. SECTION 6.2 AUTHORIZATION OP INSPECTIONS. • • - • (RESERVED) SECTION 6.3 JOINT PLANNING ADVISORY COMMISSION. * The Joint Planning Advisory Commission is established for the purpose of joint planning. Its worktshall include: but not be limited t. periodic reyiew and evaluation of progress on joant planning activities, further definition of jant standards for develop- ment'proposaIs, amendment of the Joint Planning Agreement, amendment off the Joint Planning Area land use plan and map, A the establiphment of an urban services area and the recommend- ation of pol.icies for the extension of water and sewer facilities, and other xnans as may be necessary to assure desired deve/op- • ment patter 2s in the Joint Planning Area. The Joint Pjlanning Advisory Commission !shall consist of four- teen member as determined by the following representation scheme: 2 Orange County Commissioners 2 Orange County Planning Board members 2 Chapel Hill Councilors 2 Chapel Hill Planning Board members 2 Carrboro Aldermen 2 Carrboro Planning Board members 2 OWASA Board members • SECTION 6.4 DURATION. This Agre- - t shall be effective upon its execution by the # designated •arties hereto, and shall continue thereafter until termination by mutual agreement or when all the designatea parties ha = withdrawn from the Agreement. 7 _ _ ADDENDUM 1 COURTESY REVIEW SCHEDULES . 1. Orange County will establish the following review schedule for projects within the County's jurisdiction, after which time the County will take final action on the request. A. Forminor subdivisions, following a staff review period of thirty (30) days, the staff will make a final de- -cision on the request unless appealed to the Planning ., Board. B. Forhiajor.subdivisions, following a staff review period of thirty ,(30) days, the Planning Board will consider ' ' iheirequest,at, their next regularly scheduled meeting at which time they will either make a decision on the - project or table At for Later consideration. A final. decision on the request will be made at the second " reglarly scheduled Planning Board meeting. C. For' special use permits, the review period shall extend up to and including the public hearing: D. Forl rezonings and planned development requests, the re- ' vier period shall extend up to and including the public. hearing held during the last.regularly scheduled meetings in hugust,,Novemloar, February, and Hay. 41 • 2. Chapel pill will establish the following review schedule for projects within the Town's jurisdiction: A. SUBDIVISION PRELIMINARY SKETCH: STAFF REVIEW: Maximum of 30 days after acceptance of coMpleted application. PLANNING BOARD REVIEW: Maximum of 30 days after the meeting at which the staff recommendation is presented. i • COUNCIL ACTION: No time limit. • - B. SPECIAL USE PERMIT AND MODIFICATIONS TO SPEC/AL USE PERMITSrl' INCLUDING PLANNED DEVELOPMENT: I STAFF REVIEW: Maximum of 30 days after acceptance of completed application, unless extended by Council or by consent of the applicant. I • PLANNING BOARD REVIEW: Maximum of 35 days after the meeting at which the staff recommendation is presentid, unless extended by Council or by consent of the applicant. • _ __ _ _ . 1.1,7 'ZIF47,F^ ••c- . , . 1'4'1 • T PUBLIC HEARING: Council holds Public Hearings on the third Mondays of January, March, May. September and November. . I TOWN MANAgEleS REPORT: Maximum of 30 days after completion of Public Hearing, unless extended, by Council or by consent of the Applicant. COUNCIL ACTION: No time limit. C. ZONING MAP AMENDMENTS. STArF REVIEW: Maximum of 21 days after acceptance of. completed application, unless extended by Council or by consent of the applicant. I . PLANNING BOARD REVIEW: Maximus of 35 days after the meeting at which the staff recmmendation is 'presented, unless extended by Council or by consent of the applicant. PUBLIC HEARING: Council holds Public Hearings on the third Monday of January, March, May, September and November. • TOWNS MANAGER'S REPORT: Maximum of 30 days after completion of Public Hearing, unless extended by Council or by consent of the applicant. COUNCIL ACTION: No time limit. 3. Carrboro will establish the following review schedule 'for projects within the Town's jurisdiction: • In general, the courtesy review period for all proposals submitted to the Town under the Joint Planning Agreement shall be thirty (30) working days. This period will allow the Town staff to review proposals and make recommend- • ations in a staff report prior to the proposal's being presented to any Town Boards. The Carrboro Planning Board Will be notified of all proposals received for courtesy review. The cdUrtesy review schedule for projects within the Town'sljurisdiotion shall be as follows: • A. For projects requiring a-Special Use Permit, the Town s review period shall' be a minimum of gifteen (15) working days before a final determination is _ made by the staff or the Board of Adjustment. B. Projects requiring a Conditional Use Permit shall have a review period of thirty 00) days. The review period shall include a Planning Board meet- ing and final action by the Board of Aldermen. 9 - , • ''' '' ./. . - -; ::::;:,' , '".•,•-4v..- 4-,,,--'4:1 .,r''''' •'-' . . ...'- .: ,' 44.-'.Ifl'%::.:ktf e i r 4 ---,. :1" :_:1' , ' ' ^ 4 • -4''''' 'A s-,,jcv-r,. .t. 4, -•-r ,', C. For Wor Subdivisions that require a Conditional Use Permit, the Town's review period shall be a Minimum of thirty (30) working days before final action is taken by the Board of Aldermen. (Note: Majlor Subdivisions are generally defined as proposals which create more than three lots .) D. For projects determined to be suitable for Minor Subdivision review, the staff review period shall be . a ncinimura of ten (10) working days before final action is taken by the Planning Director. (Note: Minor Subdivisions are generally defined aS proposals which create no more than a total of three lots .) - • E. roymendments to the Orange County Zoning Ordinance • or and Use Plan and for Rezoning requests, the Town sh 11 review the request within a minimum of thirty 00 working days before final action is taken by the Board of Aldermen. , . Carrboro will make a reasonable effort to review projects Or proposals tvered by this courtesy review agreement within a - maximum co tesy review period of forty-five (45) days. At the time materials are distributed for courtesy review, Carr- bore will notify other jurisdictions of any meetings or public hearings so eduled where the proposals will be discussed. Carrboro s all not be required to delay approval of proposals or regu1ar1y scheduled Planning Board and other advisory board meetings u til review coMments have been received from other . parties to this agreement. 4. Orange later and Sewer Authority will establish the Following review schedule, subject to revision from ,time to time, for projectis involving the need or anticipated, need for providing water d/or sewer service to projects within the jointly planned areas of the governmental units sof Orange County, . 1- Chapel ill and Carrboro. : _ A. Fo projects serving subdivisions olkieject to the. ple4nning process of one or more govOrnmental units, a inal determination will be made ey the staff, subject to appeal to the Board of *rectors, within thirty (30) days of receipt of theassential water an sewer service data for the projabt in addition to the proposed development plan kaired by the governmental it. ' . . 10 _ . . , QM, .-4,4,044F4,7ft ' • lf.0?-5F'47-k1 -1"41riPV-7,%fic ' '4:spy r . B. For projects within existing nvfAsA service areas'or extendg 8" or smaller diameter mains not more than 750 feet be- yond existing farilities, a final determinaticnuill be made by the staff, subject to appeal to the Board of Directors; within thirty (30) days of receipt of the essential water and sewer service data for the project. . . C. For proposed projects extending the'area served and not subject to the planning, process of one or more govern- mental units, following a staff review period of up to thirty (30) days , the proposal will be presented to the Board of Directors at their next regularly saleduled Connittee of the whole meeting at which time they will either Bolin a decision on the project or table it for later consideration. A final decision on the request will be made within thirty (30) days of the initial consideratIon. D. Projects not Subject to the planning process of one or ware govOnmental units which 1) extend mains 8" or above Tore than 750 feet or 2) extend mains into the Joint Planning Area: Rural and Joint Planningirea: University Lake Watershed, shall be submitted to the Parties of the Agreement for courtesy review. E. Implementation and interpretation of the Water and Sewer Extension Policies and the Courtesy Review Agreement is the responsibility of the Executive Director. Ihe - Executive Director is authorized to make clarifications and minorirevisions to assure a fair and equitable application of the extension policies and the processing and review procedure. . P. Fbr proposed projects requiring a public hearing, the review period will extend through the meeting next Succeeding the public hearing. G. Finn tine to time an a project basis the above schedule may be departed from if adequate infbrmaticn is not available that is necessary fae'a detersdnation. lack of definitive action shall not be presumed to be implicit approval _ . '-.f",•x:Ily,-,%:•.-4t,144 "V ‘i.?"..s.?,,t. ;IA I . 417 4 4.4 V'c'• •,. ik A, °• • ■ '.• 7 A - '• • k. • As'•!r'''" '" ' '• ' • ' 7 - • ... • ADDENDUM i 2 COURTESY REVIEW PROCESS FOR WATER AND SEWER EXTENSIONS 1. The Courtesy Review Process for proposed water and sewer extensions within the jointly planned area, as defined in the Courtesy Review Agreement, shall be as follows: A. Orage County, Chapel Hill and Carrboro, through their res active planning organizations, will advise OWASA wri ing, through its Executive Director, as to their res ective planning programs which might involve the ext nsion or expansion of water and sewer facilities, - and will keep. OWASA informed as these plans and pro-' grar are Modified and updated. B. Orange County, Chapel Bill and Carrboro, thrOugh their. respective planning organizations, will notify OWASA in writing, through its Executive Director, of all requests mad to them fOr proposed development involving water and sewer facilities and of all permits applied for with said respective units of government which require water and sewer service and/or will cause OWASA to be notified by referring the applicants specifically to OWASA. ' C. Orange County, Chapel Rill and Carrboro agree that no final approval for subdivision development, construction, conditional or special use which requires connection to- ... or an extension of the water sewer system of OWASA will be ranted without the express approval of OWASA. D. OW A will notify Orange County, Chapel...Ail/ and Carrboro of all proposed major extensions of the water and sewer system. of OWASA,Whether such extensions are to be made by OWASA, or by a private developer with OWASA's approval. OWASA will allow an appropriate period for review by the uni (s) of government in whose plannipp jurisdiction the nroj ct is proposed for development, provided OWASA shall not be obligated to delay its revien processing and de- . vel pment of the proposed extension f longer than (45) forty-five days for this 'purpose, sail period being deemed to have begun on the day OWASAlmails or other- wis delivers to the governmental unlit notice of the proposed extension. OWASA will consider such comments as are received from the governmental unit(s) affected, and may implement the extension or deirelopment fifteen (15) days after the comments are rece%ved or forty-five % (45) days after notification, whichever is sooner. E. OWASA agrees that it will not authorize or undertake any project without considering comments received by OWASA from any governmental unit as provided herein, provided such comments as the other governmental units may offer, are received within the allowed forty-five (45) day period. 12 1 "12 • F. Review and comment requirements hereinabove set forth shal not apply in the case of an emergency or any con- dition which reasonably requires prompt remedial action in be interest of health, safety and public welfare. 0111AA shall give the units of governement as much notice as possible of the steps proposed to be taken to remedy such emergencies. • • • 13 ■VV1-ZA 714Cig °,74":";;75' ..jr •••,, _„, • ----___ ADDENDUM 03 • ; JOINT PLANNING AREA LAND USE PLAN AMENDMENT PROCEDURES . I A. The Orange County procedures for consideration and _ - adoption of amendments to the Joint Planning Area land use plan are as follows: The Orange County Board of Commissioners with input from Chpel Hill and Carrboro will hold public hear- ings to hear amendment proposal requests twice a year, to be held in like manner to other public hearings. . The Board of Commissioners will refer the amendment proposal tl the Orange County Planning Board who shall have sixty (60) days within which to make a recommend- ation to tir Board of Commissioners. Adoption of the amendment shall occur after a properly advertisedlpublic hearing at which the requesting party to this Agreement shall formally address the proposed amendment. Public Hearings for amendment requests shall not be held at-the saie time as rezoning public hearings unless the amendment has no link to the property u. - being rezoned. B. - (Reserved for Chapel Hill) . C. (Reserved for Carrboro) . 14 • - , - ___ - • _ oRix,. e co-L.N.rt 230 BOA.RD 07 e1ISSIONOS Action Acjerea , Item r.-7• 1)- ' - icrIoN rt.G.T.‘I.TDA ITai itP.STRACf DIEETEct: DATE November 22, 1982 _ . • Subject: Budget Amendment ,. . DE:par-b.-rent: Finance . Pu-blic Nearing: yes x no . . . ------- -- Attp_chnent(s): Infonne. .tion. Contact: _ .. . Yes- Patricia B. Stutts . Phone Ni.z■lbe.r: 919 732-8181 Ext. 495 . PURPOSE: To consider proposed budget amendment , . NEED: General Fund ---- 1) To budget for Community rgy Grant. • 2) To reduce Contingency to increase intergovernmental participation line item and to provide for settlement of pending leave claim. Settle- ment details will be attached to the Minutes of this meeting. 3) To budget for Department of Cultural Resources Grant for Old Courthouse restoration. - ___ - 2'; •- . . IMPACT: General Fund .---. 1) Amendment will increase revenues and make funds available. 2) NO impact upon total budget. 3) Amendment 411 make additional funds available for architectural serviceE associated with the restoration of the old Orange County Courthouse. RECOMMENDATION:' S14 23i ORANGE COUNTY PROPOSED 1982-83 BUDGET AMENDMENT The 1982-83 Budget Ordinance of Orange County as adopted on June 22, 1982, and subsequently amended, is hereby amended as follows: GENERAL FUND 1) Appropriation: Energy $ 2,500. Source: Action Grant - Community Energy Program $ 2,500. To receive Action Grant for Orange County Community Energy Program. 2) Appropriation: County Commissioners $ 1,000. Central Services 20,000. Contingencies (21,000.) To increase intergovernmental participation line item and to transfer from . Contingency a sufficient amount to provide for the settlement of pending leave claim Settlement details will be attached to the Minutes of this meeting. 3) Appropriation: Capital Projects $ 4,000. Source: Old Courthouse Restoration State Grant $ 4,000. To receive State Grant for Old Courthouse restoration. Adopted this day of , � '-- \ \ ' ORANGE COUNTY ` \ BOARD oFoVVI38IOmEaS Action Agenda zte�m�' ��-J� -^- - MEETING DATE November 22, 1982 subject: Sheriff Department - n`nny Request . \ � :T�«nty � .. abliooeaziug: --- yes ^ no --- [ \ � \ --- ' Information contact: No Phone Number: Kenneth R. Thompson ext. 501 PURPOSE; To consider NEED: The Personnel as the normal hiring rate, except in those cases where unusual circumstances tad appear ~to warrant appointment at a higher level. The Sheriff-elect has reques -- - December l 1982. He has called for the hiring of Paul Cook for Ahe inactive . _ classification the classification the classification the basis for the request is that qualifications of thw applicants. stemming from ' 1 r p nence and years of service as the :ii""°es seat omuo v^va. , are higher than the desirafize edue°t,Op-'ancVtroining for tlie'dlire. Any appointment above the third step must be approved by the Commissioners. zMOmoc` Cost of the Chief Deputy classification would be offset by the proposed transfer of the Alcohol Beverage Control Enforcement function to the County. A contract for this wil be presented for Board review in December. The cost in excess of what is curr ntly budgeted for the other two positions could be paid for through salary savings from normal turnover within the Department' � RECOMMENDATION(S): As the Board ieCides. - ` ORANGE COUNTY BOARD OF 01416.SszOmsne Action Agenda ACTION AGENDA ITEM ABSTRACT ztemmo'-X-� c� �� rzms DATE November 22, 1882 ' ' subject; Recycling Anreement 1ceR=rtment; Lounty naiager__ ( | Public Hearing: � yes X no I . - � —At ' nent p : znron,�� 000t, t, Yes _ znoue »umber: Kenneth K. Thompson ext. 501 PURPOSE: To consider a resolution authorizing agreements between the Orange Regional . Landfill x,d non-prof1t rncyuling organizations and consider approving an ' agreement with [COS, Inc. ! | / NEED: in the Landfill has re-use potential rather than being treated as waste. To keep it lout of the landfill lessens equipment usage for daily compaction ! and cover and has an effect, though modest, in extending the useful life of r the has made to find ways to encourage recycling. | . study `°=..`uz, made up of representatives (Don Nillhoit`| Hilliard Caldwell and Jonathan Howes) of the landfill ownem (the County, ,Chapel Hill, Carrboro), has held se vera l work sessions on the matter. The accompanyinp resolution is the result. It proposes to provide financial ! support to Proups who would contract to perform collection and recycling /. services, ! keeping it per ton. One group . s made application to participate; others are interested. The ECOS organization requests a $9,500 loan for it to be able to establish 5 collectio6 sites in the County. Anticipated volume is 3,167 tons over a . Any other a plications will be presented as they are negotiated. IMPACT: Payment of / ens would be made from the Regional Landfill Enterprise Fund which is maintained by Chapel Hill on behalf of the co-owners, � RECOMMENDATION(S): Approve: l, Resolition authorizing agreements 2. Agreement with ECO5 J. Agreement for the establishment of recycling sites ii JI A RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE ORANGE REGIONAL, LANDFILL AND NON-PROFIT RECYCLING ORGANIZATIONS WHEREAS, many clitizens of Orange County and the Towns of Chapel Hill and Carrboro support recycling as a method of resource conservation; and WHEREAS, the Orange County Board of Commissioners desires to support and assist the development of non-profit programs for recycling of paper, glass, aluminum, and p astic from Orange County and the municipalities therein; and WHEREAS, the Board finds that recycling of the above materials furthers the public safety, health an welfare; benefits the Orange Regional Landfill; and is complementary to the Landfill's public purpose of removing waste materials from the community; NOW, THEREFORE, ,BE IT RESOLVED: SECTION I The Orange County Board of Commissioners approves and authorizes the Orange Regional Landfill] to approve and enter into Agreements for Collection and Recycling Services between non-profit, tax-exempt organizations and the Orange Regional Landfill in the form presented in this meeting and filed with the permanent records of this meeting, and in accord with the attached policy statement. SECTION II The Board authorizes the Chapel Hill Town Manager, as administrator of the Orange Regional Landfill pursuant to that certain agreement dated November 30, 1972, between the Town of Chapel Hill, the Town of Carrboro, and the County of Orange, to execute said Agreements for Collection and Recycling Services on behalf of thelOrange Regional Landfill upon review by the Landfill Task Force representing the co-owners of the Landfill. SECTION III The Board authorizes the County Manager to execute an agreement between the County and ECOS and other non-profit recycling organizations concerning recycling activities within the County, and collection points for material to be recycled. This the 22nd day, of November, 1982. Chairman, Board of Commissioners Orange County Attest: Clerk to the Board i i { Al t2 An Agreement Between the Orange Regional Landfill ("LANDFILL") and ECOS. 1. ECOS agrees to provide recycling services as described herein to the Orange Regional Landfill for the purpose of reducing the quantity of certain materials which the Landfill would otherwise be required to process. During the initial or any extended term of this Agreement, ECOS agrees to operate as a non-profit organization providing recycling services that Is determined to be tax-exempt as such under the Internal Revenue Code. The Landfill may immediately terminate this Agreement should such tax-exempt determination be terminated, revoked, or otherwise expire. 2. ECOS agrees to collect recyclable paper, glass and aluminum materials, l in at least five (5) locations in Orange County. ECOS agrees to recycle such materials through sale or other processing so that such materials are not disposed eta landfill, but will be re=used tl1rough recycling. The collection location(s) shall be mutually agreed upon by ECOS and the participating landfill co-owner jurisdiction within which such site Is located. 3. The Landfilll agrees to credit or pay as described in subpara- graphs (a) and (b) below, at the rate of three dollars ($3.00) per ton for materials collected in Orange County and recycled under this Agreement, commencing on the effective date hereof and extending for the three-year term of this Agreement. a. The Landfill shall within 30 days of the effective date of this Agreement make a loan of $9,500 to EGOS. The loan shall be repaid by crediting EGOS with a payment of $3.00 against the outstanding balance for each ton of materials recycled hereunder, up to 3,167 tons. The loan shall be deemed satisfied and fully repaid upon certification by ECOS to the Landfill that 3,167 tons of the materials listed above have been Collected in Orange County and recycled by ECOS hereunder. ECOS shall grant to the Landfill a first lien (on materials or equipment purchased in part or entirely with Landfill-I funds under this Agreement and on additional assets of ECQ5 not subject to other liens, the purpose of said lien being) to enable the Orange Regional Landfill to secure repayment of said loan if any balance remains outstanding and due if the recycling project ceases operation or if the loan IS not substantially repaid at the end-of the term of this Agreement. The Landfill may take such action and file such forms as it may reasonably deem necessary to evidence and maintain the priority of said lien. b. Subsequent to certification of collection and recycling of said 3,167 tens of listed materials, the Landfill shall pay $3.00 per ton of listed materials thereafter collected in Orange County and recycled by ECOS during the term of this Agree- ment. ECOS shall submit monthly invoices to the Landfill certifying the collection and recycling of said materials, and the Landfill shall remit payment to ECOS with 30 days of receipt of an accurate invoice. :�'+'t.-r.Y.1w!n r)^n'l�. .. __.. ... !tRtnr�—rp►.r.•-` izi .r.. __.Y. ..—^...r - •_• .. 1',::,' I. ■ 4. EGOS agrees to maintain and keep records sufficient to document, verify and determine actual tonnages of materials collected hereunder, the site from which such collections are made, the sale or other method of disposal of such collections, and such other matters as may reasonably be required by the Landfill for Inspection at any time during the initial or any extended term of this Agreement, or within one year thereafter. 5. ECO5 shall maintain its locations) for collection and any materials rocessing activities in a hygienic, safe, neat and orderly manner. ECOS shall use its best efforts to maintain the collection location(s) with a presentable and aesthetic appearance. ECOS shall ''so regularly and frequently pickup and remove litter and trash from the immediate vicinity of each location. The Landfill des gnates the participating landfill co-owner jurisdiction within which a collection site is located as its agent for oversight and supervision of ECOS's duties and obligations under this section. EGOS shall comply with the reasonable requests of such co-owner re sting to such duties and obligations, and to the maintenance and appearance of such collection locations. 6. Throughout the initial or any extended term of this Agreement, ECOS agrees to maintain Ilability insurance, in an amount acceptable t the administration of the landfill, which insurance names the Landfill co-owners as additional insured parties, covering an claim or to for injury, death or property damage arising out of or relating to ECOS's collection and recycling activities purrsuant to this Agreement. ECOS shall provide a copy of any binder dr certificate evidencing such Insurance to the Landfill upon request. Such insurance shall not be cancelled, terminated, or amended to provide less coverage or lower covered amounts, without 30 days prior written notice to the Landfill. 7. ECOS shall Indemnify and hold harmless the Landfill co-owners against any claim, expense, cost, loss, or liability resulting from, arising out lof or relating to ECOS's collection and recycling activities he eunder, except to the extent such may result from, arise out of, r relate to the negligence or fault of the Landfill. B. ECOS agrees o comply with all laws, ordinances, regulations or other govern-nentai requirements, including those for non-dis- crimination in program participation and employment matters, which are ap licable to its activities hereunder. In addition, ECOS agrees to c ply with all applicable provisions and conditions of ofil administrativ circulars Issued by the U.S. Office of Management and Budget, and of any state administrative regulations, applicable to ,subcontractors of the participating landfill co-owners under federall and state programs and grants to which such 9. The Landfill reserves the right to cancel this Agreement upon 30 days written notice for good cause shown. ECOS shall be credited or paid all mounts due it for collected and recycled tonnage hereunder to and through the date of such cancellation. if any balance of th loan provided for in Section 3(a) remains due and outstanding o such date, ECOS shalt have a grace period of 6 month(s) to repay said due amount in full. 10. The Initial term of this Agreement shall be three (3) years from the effective date hereof. 11. This agreemen may only be amended in writing by mutual consent of ECOS and tfe Landfill. This the w_ day •f 1982.• a.C�jS-1 4 ' A� + . £ �i :ti , t ,,. t:,13' s: r w Y t 'tr_�1' ! !x _ l: 12 . .,. oaa , , fa . s -. a AGREEMENT BETWEEN ORANGE COUNTY AND ECOS FOR THE ESTABLISHMENT OF RECYCLING SITE An Agreement between the Orange County and ECOS. 1. ECOS agrees to provide collection, processing as necessary and recycling of certain materials within Orange County pursuant to the terms of that certain "Agreement for Collection and Recycling Services" dated 1982, "Recycling (the "AGREEMENT"), between ECOS and the Orange Regional Landfill. Said Recycling Agreement is incorporated fully herein by reference. 2. The Orange County Manager or Manager's designee is authorized to approve the locationiof collection sites(s) within the County, pursuant to Section One of this Agreement. Orange County also designates the County Manager or Manager'sdesignee as its agent for all purposes under Section Five of the Recycling Agreement. 3. ECOS shall obtain the written consent of the owner of any site which shall be used as ajcollection location under the Recycling Agreement. 4. The term of this agreement shall be coterminus and coincide with the term of the Recyclfing Agreement. This the 22nd daylof November, 1982. E . Chairman, Board of Commissioners Orange County { Attest: Clerk to the Board President, ECOS -."----..."... .............6, . . • • - ... i . 7 16,2 Permitted rincipal Uses and Structures The requirements and limitations that The proposed use and buildings apply within PD-OIldistricts are estab- are permitted in the OT district lished in Article I and Article 5. and the proposed buildings does not exceed maximum allowed levels. 7 16.3 Height Limitations Height limitations within PD-01 dis- The proposed building does not dricts shall be as established in exceed allowed heights. Article 5 and Subsection 6.2 716,4 Permitted Intensity of Development The requirements and limitations that The intensity proposed for this apply within the PD-OI District are development does not exceed allowed established in Articles 5 and 6. levels. 7.16.6 Site Palnni4 a) External Relationships: I The site plan should show how the development will proivide protection for the development from potentially adverse surrounding influences and i ,. provide protection or surrounding areas from potentially adverse in- fluences within the development. 1. Principal access' points shall be 1. Access to the site as proposed designed to encourage smooth is good and should allow a traffic flow. Street layout smooth flow of traffic into shall not connect minor resi- the project. The proposed dential streets with collector access makes use of a 2-lane streets. Arterial Road, 2. Access for pedestrians and motor 2. There is a sidewalk proposed cyclists shall be safe and con- from the customers Parking venient Where here are street to the Entrance. No street crossings, they hall be so i crossings are proposed. located as to be safe, shall be marked and contr lied. 3. Protection of vi ibility at inter- 3. The sight distance at both sections. Shall be as set forth in drives should be a minimum Article 6. of 400' in each direction. 4. Uses adjacent to single family dis- 4 There is a 100' buffer proposed tricts which cann.t be used for along all property lines. parking, mmommill. 5 Yards, fences, walls or vegetative 5. There is an outside storage screening, at he edges of the PD- , yard proposed, this is to _ OI district shall be such as to pro- be fenced and should be ( vide protection from the development to screened from all adjacel\ adjacent propei-ties. . property by existing vegeta- tion, The building itself will be screened by natural vegetation, b) Internal Relationships The site plan shal provide for safe, efficient, conveni nt and harmonious grovings of structures, uses and fa- cilities, and for preservation of de- sirable natural features and minimum disturbance of natural topography. i 1, Streets, drives and parking, 1. Generally the site plan makes safe and convenient use of Streets and drives shall provide the property. safe, and convenient access to There is separation of visitor the site and otter facilities if and service access to minimize necessary, Streets shall ids- conflicts. The parking areas courage through traffic and blocks will be paved and the spaces shall be laid alit to macimize marked. The proposed number efficient use of the property. of spaces meets the minimum requirements, ( 2. Ways for pedest lams shall from a 2. Pedestrian access is adequate safe logical an convenient system for this area. for pedestrian cress to all units, i project facilities and any principal off site destinations, 3- Protection of visibility for auto- 3. Visibility should be good at mobile traffic 'cyclists and p2.- all intersections where motor destrians. VisiJbility protection vehicles, cyclists and pedes'- shall he as set Ixforth in Section trians might meet, 7,16.16 a) 3 abo e. 4. Open space and spacing of buildings. 4. The project uses about 1/7 of ti The requirements for open space, pedes- allowed floor area, and provide trian/landscape space; and spacing more than the required minimums of buildings are contained in Articles in open space, pedestrian/ 5 and 7. Definitions are in Article 6, landscape space and parkirg spaces. The building is sited at least 100' from any property line, 7.16,7 Sign Limitations General Identificatiqn Signs for the development as a whole. _ I mimmor Shall be permitted as follows: One Signs for the project shall corio sign structure not exceeding twenty in all ways to the standards containeid feet in heightl and having not more in 7.16.7, than two sign surface areas, each limited to twenty square feet, may be erected inside or outside required setbacks adjae4Int to public streets, provided that no such sign shall over- hang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional informa- tion, but shalll contain no advertising matter. Minor Directional Sign Sturctures. Having not more!than two sign surface areas, each limited to four square feet may be erected its reasonably necessary for the safety and convenience of visitors to thelcenter. Such signs shell bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given. 1 4 111■111.■ The Planning Staff feels that there is a preponderance of evidence to indicate substantial compliance with the General Standards and specific rules governing the Planned Development-Office-Institutional, Class A Special Use Permit, The ( Planning Staff recommends approval of the request, with the following imposed conditions: 1 That all signs for the development shall be according to Section 7. 16 and Articlei9 of the Zoning Ordinance. 2. Drainage, soil erosion and sedimentation plans shall be reviewed and approved by 1Orange County, The installation of control devices and on going construction work shall be inspected by Orange County. The site shall t all times he in conformance with the Soil Erosion and Sedimentation Control Oridnance. 3. That the proposed dumpster be placed on a 10' x 20' concrete pad 6" thick, with wire mesh. 4 That the service entrance from NC-S6 to the entrance gate into the storage yard be pavelp to N.C. Department of Transportation Secondary road stan- dards, 5. That the devieloper mark the 100' buffer on the perimeter of the site and take precautions to insure that the grading contractor does not disturb the area. 6. The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are in- corporated herein and made part of the Special Use Permit. A copy of the final site plan and narrative are to be maintained on file with the Orange County Planning Department. Only those uses specified in the project narrative and on the site plan, including but not necessarily limited to the offices, warehousing, maintenance service and outside storage of utility materials will be permitted at the office facility. All improvements as indicated shall be constructed according to the consturc- tion schedule set forth in this permit. 7 The following construction schedule shall be adhered to by the applicant. Construction shall begin within six months of the issuance of the Special Use Permit. 8. All necessary easement to permit utility (electricity, telephone, sewer and water) installation, servicing and hookups to the development shall be provided at no cost to the utility provider. . par NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS 41,7417,641 A9, ellr4ii- mw idEmoRlDurt , TO: Chailrmen FROM: Foillest E. Campbell, President DATE: November 17, 1982 SUBJECT: Update on NACo Financial Situation i Attached to this memo you will find the following: o copy of 'memo from Ron Aycock to the Association Executive Committe and NACo officers summarizing the November 9 NACo Board meeting. • copy of letter from NACo President Bill Murphy to Chairmen Carolina The North a Association of County Commissioners Executive Committee ana NACo Board members met on November 16 and pursuant to authoritylgranted by the Association Board granted a $10,000 to to NACo'r We believe that the NACo officers and board, are making progress toward resolving the NACo fiscal crisis. We further belibve that the direction of NACo is being shifted toward a greater emphasis on lobbying for counties and provision of essential information to counties. We urge you to continue your support for pAco by complyirig with the requests of President Murphy as contained in his enclosed letter of November 12. We will continue to urge NACo to cut expenses as much as possible, while still conti uing NACo's essential lobbying and information functions. cc: County anagers ALBERT COATES LOCAL GOVERNMENT CENTER 215 N.CIAWS01,1 ST • P.0.BOX 1488 6 RALEIGH,NORTH CAROLINA 27602 • TELEPHONE 919/832-2893 ._.: lipNORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS "4TAIEP IM.V- 11174111 MEMORANDUM TO; Execu ive Committee and NACo Directors FROM: C. Ronald Aycock, Executive Director DATE: November 16, 1982 I SUBJECT: NACo Board Meeting Held on November 9, 1982 in Washington, DC . , I accompanied the North Carolina NACo Board members to the NACo Board Meeting held on1November 9, 1982 in Washington, DC. Set out below is a summary of the major actions taken at that Board meeting and my observations on the NACo situation. I. Major Purpose of Meeting, • 1 The fiscal crisis of NACo took up almost the entirety of the Board meeting. Pesident Murphy laid out in considerable detail, the present financial situation and responded to a variety of questions. In general, reaction of Board members was one of dismay. After an overwhelming expression of dismay, disappointment and frustration, Board memberls accepted the gravity of the situation and in general, vowed to use their best efforts to move NACo from its present financial straits to an ultimate secure financial position. 1 II. Major Board !Actions Taken 1 - A. An interim budget was adopted for the first 3 months of 1983. (copy of that budget attached to this memo.) B. Authorized an increase in dues for 1983 with the increase being the higher of 115% of 1982 dues or the use of 1982 per capita on a po P Ulation base of 1980 (present population base is 1970 census) . C. Authoriz d a "special service fee" of 50% of the 1982 dues. ' This "special service fee" would be requested of all counties and the mount paid could be used as a credit against future dues acc rding to a plan established by the Board after all Bank loa s were liquidated. D. Officially authorized the NACo officers to seek loans and execute loan agreements in amounts up to $2.1 million. ALBERT COATES LOCAL GOVERNMENT CENTER 215 N DAWSON ST. • P.a 60X 1488 • RALEIGH.NORTH CAROLINA 27602 • TELEPHONE 919/832 1893 I _ ... -2- E. Established procedures for the selection of a permanent Executive Director with the Executive Committee authorized to appoint, subject to confirmation by the Board, at its February meeting in connection with the Legislative Conference. 1 F. Appoint d Ron Cameron as Executive Director until the new permanent Executive Director is appointed. el III. Observations and Information. A. Cash flow situation remains critical. 1. No 'loan has been secured (a $2.1 million letter of credit has been agreed to by the Bank of Washington, subject to NApo's finding another financial institution to assume 1/2 of the risk of any defaults. NACo is actively pursing finding that other financial institution. ) 2. Creditors of the Association almost daily demand payments. President Murphy and the present Executive Director, Ron Cameron, continue to negotiate with creditors and to seek extelsions of their demands. 3. A crucial need was expressed for State Association loans. (authority for a securing of loans expressed in II above included authority for the securing of loans from State Associations.) B. Six additional staff reductions are planned by January 1, 1983 including two Associate Directors. C. The NACo Building - The NACo building is the problem now, but can be a positive factor in the future. 1 1. $2.8 million in improvements were authorized by NACo (only $40(400 of which was authorized with the knowledge of the Board . These improvements have became a part of the building and cannot be removed by NACo, if NACo defaults on the lease and moves out. 2. The agreement between NACo and the developer provides as folio st a. A lease term of 15 years with a 10-year extension option 117 at a base annual rental of $1,500,000 per year adjusted for changes and a consumer price index (CPI) at a rate of 25% of CPI increases beginning with the third lease- year. b. NACo must pay, in addition to the rental, all insurance, r al estate and ground 'rental escalations. c. C NA I o has the option to purchase the developer's equity in the building between the end of the 12th lease-year and the end of the 17th lease-year at a purchase price of 50% of the fair market value of the building. . . -3- d. The agreement provides that if NACo is in default on lease payments for 5 days, all of NACo's rights under the lease agreement are terminated and in addition, NACo is responsible for any losses incurred by the developer during the lease-term. e. Presently, NACo occupies two floors of the 8 story building with 5 of the remaining 6 floors leased, but with rent on one of those floors notrcommencing until 1 .1"121y 1, 1983. f. i After the entire building is rented, NACo is expected to have a positive cash-flow of some in excess of $200,000 per year. IV. State Association Loans ) As of November 9th, 17 State Associations have made commitments to loan money to NACo at 10% interest for a 5-year term. Those 17 States represent loans of $150,000 with $50,000 of that amount having beef paid-in to date. attachment • CRA:lbi NATIONAL ASSOCIATION OF COUNTIES BUDGET JANUARY THROUGH MARCH 1983 ! JAN FEB MAR TOTAL 1983 1983 1983 Revenue: Dues $180,325 $180,300 $180,300 $ 540,900 Legislative Conf. (nbt) 56,000 56,000 Publitations 1 15,400 15,400 15,400 46,200 Contracts & Grants 176,800 176,800 176,800 530,400 Miscellaneous 26,000 26,000 26,000 78,000 $398,500 $454,500 $398,500 $1,251500 Expenses: Salaries 116,400 116,400 116,400 349,200 Fringes 24.7% 28,700 28,700 28,700 86,100 Legal 5,000 5,000 5,000 15,000 Audit 3,000 3,000 3,000 9,000 Purchased Labor 4,800 4,800 4,800 14,400 Supplies 2,200 2,200 2,200 6,600 Repair 1,200 1,200 1,200 3,600 Insurance 1,200 1,200 1,200 3,600 Telephone 7,000 7,000 7,000 21,000 Dues & Subscriptions 2,000 2,000 2,000 6,000 Postage 13,000 13,000 13,000 39,000 Travel - Staff 18,000 18,000 18,000 54,000 Travel - Executive Committee 2,000 2,000 2.000 6,000 Travel -- President 2,500 2,500 2,500 7,500 Xerox ! 10,600 10,600 10,600 31,800 Printing 13,800 13,800 13,800 41,400 Interest 20,400 20,400 20,400 61,200 Miscellaneous I 6,000 6,000 61000 18,000 $257,800 $257,800 $257,800 $773,400 Income before Building and $478,500 Special Items Building: 1 Revenues 32,400 32,400 63,400 128,200 Expenses 179,600 180,600 186,600 546,800 Net Income (Loss) $(147,200) $(148,200) $(123,200) $(418,600) Special Items: Equipment Leases I 54,400 54,400 54,400 163,200 Includes Taxes & Appreciation I Income after Building and $(103,300) Special Items Na • 6 t co .- 6 ' , tX) , . :*.:, ,;.-, ,,,,,,,..*,,,,..- la ,„„,*...,;. .}: t„, lip4 7nt2es Offices • 440 first Street,N.W. Washington.D C. 20001 • Telephone 202,393-NACQ November 12, 1982 MEMORANDUM: TO: Chairman of the Boards • NACo Member Counties ' FROM: William J. Murphy t- 1 President/NACo W di-x---' 9' 74Aliji Enclosed is an invoice for a one-time special service fee that we are asking each of you, to process and forward to NACo immediately. Mk purpose in writing to you today is to explain why this and other steps that the Board of Directors has taken are urgent to the organization's future. As representative of NACo member counties, there is no question that we are all in the midst of a life-threatening financial crisis. The interim financial statement for the first eight months of 1982 prepared by Peat, Marwick, Mitchell 6 Co., has verified that NACo has a $2.28 million cash shortfall. The Executive Committee has spent untold hours, days, even weeks since our initial Labor Day weekend revelation of the problem, working to solve it. We probably now know as much as we will ever know about what caused this crisis. And on November1 9, we brought the Board of Directors completely up-to-date on the causes behind the problem, and more importantly, the solutions. Yes, unauthorized staff decisions were made and excessive monies spent on our new headquarters buiiiding. There is no justification, or even adequate explanation of the decisions that were made regarding the completion of the new building. It is unconscionable that the actions of a few have caused so many to suffer. I want to take this opportunity to share with you our thoughts on the urgent solutions to these problems. NACo's Board of pirectors took some unpleasant and difficult steps during its Washington meeting. And they did so with the commitment to this organization that has been oui greatest strength. A record number k board members were on hand to review and examine the associa- tion's fiscal prgblems and reaffirm our priorities for the future. �_ ..,__.,.+..,.._ ._ .•.._w�r+..�r._,...._ .1..,.u, .n4.�.+:i.nMrn.wrsrt�.,:,.rYin d.Nn�.'..._., _. _, .��._.. _�.,.---- ..._ ti._....._ Memo: Member . unties From; William J. Murphy 11/12/82 - Page! 2 We are all a family. Some members of the family have caused us problems that threatened to destroy us. But as a family we must -- and with your support, we will -- pull together to solve the problem and to continue our strong voice in Washington, on the Hill, and in the federal agencies. Because underneath the exterior structure, there still lives a healthy, strong. and vibrant ass4ciatian. And let me assure you, as I did the Board of Directors, that this organization will return to the priorities on which it was founded -- lobbying and the im- provement of county governments throughout the nation. The decisions ode by the board in its extensive day-long session were unques- tionably difficult. And they were not something that any of us took lightly. But it was something we did to ensure NACo can continue to meet our goals. 1 To assist in solving NACo'a problems we have had long meetings with a local bank. That bank in turn has required NACo to show immediate financial support from the membership in the fora: of a dues increase and a special service fee. The board responded overwhelmingly by passing the following.resoluti.ons: o Counties will pay increased dues beginning in 1983, amounting to either 15 percent increase of their 1982 dues or a shift to 1980 census, whichever is greater. It is important to remember that, unlike most all membership organizations, NACo has not raised its membership dues since the earl, 1970's. o Each county will also be asked to immediately support a one- time sez-yice fee of 50 percent of the county's 1982 dues to be paid to NACo by December 31, 1982. In return, the board will arrange that this fee offset future dues. o NACo will also issue promissory notes at 10 percent interest per annum, due November 1, 1987, to state associations and other state associations willing to advance funds to the organization. Now, you the memlership must make the decision that this organization is what you want. And I lam confident that you will. We have important lobbying work to do in 1983. General Revenue Sharing is up for reauthorization in the com- ing months. As difficult as a dues increase and special service fee are for each of us to bear given current economic realities, that money pales in com- parison to the benefits each of our counties reaps from revenue sharing funds. Without a concerted effort by all of us. revenue sharing could have taken a much different form when it was created in 1972, and again in 1976 and 1980, when it was reauthorized. Without our united efforts would this program have continued? I serously doubt it. 1 1 Memo: Member Counties From: William J. Murphy 11/12/82 - Page 3 Consider also the time and effort we have put into our improving our county government$ t1rough Community Development Block Grant (CDBC) and Payments- in-Lieu of Ta es (PILT). We must work together again in 1983 to assure the reauthorization of these programs, as well. Each county cahoot do this job alone. But there is little doubt that together we can achievM these goals, and much more -- to improve county government and services to our citizens in each of our 3105 counties throughout the country. This is why wel began 35 years ago -- and this is why it is vital that we continue. ' 1 The strength o this organization continues to be the people who are pledged to carry it forward. Your board came to Washington in record numbers last week to take positive steps to put this organization back on sound footing. And now we arellooking to each of you -- also committed to carry NACo forward -- to provide the financial support we must have to do so. It is our re'aponsibility together to ensure that the association continue and I am convinced; that with your support and commitment, we will make NACo an even stronger, more responsive organization for the future. Enclosure: cc: Board of Directors