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HomeMy WebLinkAboutAgenda - 04-02-1990 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 2, 1990 The Orange County Board of Commissioners met in regular session on April 2, 1990 at 7:30 p.m. in Superior Courtroom, orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice-Chair Stephen Halkiotis, Commissioners John Hartwell, Shirley Marshall and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Ellen Liston, Senior Citizen Coordinator Myra Austin, Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Personnel Analyst I Eleanor C. Green, Purchasing and Central Services Director Pam Jones, and Planning Technician Beth McIver. I. BOARD COMMENTS Commissioner Marshall announced that Governor Martin has proclaimed this week as Public Health Week. The County is celebrating this in various ways. The public is invited to a reception this Friday from 4-6 at the Health Building. Commissioner Halkiotis made reference to a resolution approved by the Board on Carden's Mobile Home Park. Mr. Stevenson is extremely thankful for the support shown by the County to resolve this longterm problem. Commissioner Hartwell expressed a concern about a report in the Chapel Hill Newspaper on a meeting held between the Chamber of Commerce and EDC. County Manager John Link reported that specific ideas were expressed on how the Chamber might be more involved in economic development activity. Those kinds of activities included greater involvement in supporting tourism, and greater support in certain elements of small business development. His impression was that the Chambers were going to be prepared to speak specifically to what they would want to be doing and the amount of funding they might want to carry out those functions. He encouraged the EDO to be receptive to the proposals from the two chambers as it relates to tourism, helping with small business development and helping with recruitment by hosting the contacts as they come into the County and being responsive to present businessmen or potential candidates coming in. II. COUNTY MANAGER'S REPORT NONE III. ADDITIONS OR CHANGES TO THE AGENDA Add to the agenda a resolution for Earth Day 1990 IV. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chairman Carey announced that those who have indicated a desire to speak to an item on the printed agenda will be recognized at the appropriate time. # O 1 6 B. MATTERS NOT ON THE PRINTED AGENDA Mr. Wayne P. Hoffman, owner of Elite Auto Body Shop, stated he would li]° to build an addition to his shop. The problem was created in 1981 when zoning was originally applied in Bingham Township. His shop was not put where it is actually located. The lot was drawn incorrectly on the Zoning Atlas. He illustrated this with plats of the area. Motion was made by Commissioner Hartwell seconded by Commissioner Marshall to schedule a special public hearing for May 1, 1990 to consider a zoning atlas amendment to correct the zoning atlas and the problem as identified by Mr. Hoffman. VOTE: UNANIMOUS PUBLIC CHARGE Chairman Moses Carey, Jr. read the public charge. V. ITEMS FOR DECISION--CONSENT AGENDA Motion was made by Commissioner Marshall, seconded by Commissioner Halkiotis to approve the items on the Consent Agenda as listed below: A. RENCHER STREET CDBG MATCHING FUNDS To adopt the grant project ordinance amendment and the budget ordinance amendment as stated below: GRANT PROJECT ORDINANCE COMMUNITY DEVELOPMENT BLOCK GRANT - 1988 Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the ordinance adopting the "Community Development Block Grant - 1988" is hereby amended as follows: Section 1. Section 3 of the above mentioned ordinance is amended to read as follows: Community Development Grant $ 600,000 Program Income 300 Transfer from General Fund 85,000_ $ 685,300 Section 2. Section 4 of the above mentioned ordinance is amended to read as follows: Acquisition $ 3,000 Street Improvements 99,925 Sewer Improvements 182,688 Water Improvements 64,718 Clearance Activities 1,700 Rehabilitation of Privately Owned Dwellings 185,128 Administration 81,388 Sewer Improvements-Local Option 66.753 $ 685,300 Section 3. Section 8 of the above mentioned ordinance is added to read as follows: # 017 This ordinance shall be in effect from date of adoption until June 30, 1991. Adopted this 2nd day of April, 1990. ORANGE COUNTY PROPOSED 1989-90 BUDGET AMENDMENTS The 1989-90 Orange County Budget Ordinance, as amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND (1) Source: Approp Fund Balance $ 739,722 $ 85,000 $ 824,722 Appropriation: Transfer to other Funds $1,492,210 $ 85,000 $1,577,210 To budget for required County matching funds for the Rencher Street CDBG Project. BUDGET AMENDMENT NUMBER: 12 B. ANNUAL CONTRIBUTIONS CONTRACT/SECTION 8 CERTIFICATE PROGRAM To adopt a resolution as stated below authorizing the Chair to sign the Annual Contributions Contract for the Section 8, Existing Certificate Program on behalf of `the County. RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government") . NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: . Section 1. The Contract, numbered Contract No. A-2903, is hereby approved and accepted both as to form and substance and the Chair of Board of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk to the Board of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. C. EMERGENCY SHELTER GRANT APPLICATION To authorize submission of an Emergency Shelter Grant Application for additional funds to assist families and individuals who are homeless primarily due to their economic circumstances and to authorize the Chair to sign this application. # 01R - D. HEALTH DEPARTMENT FEE SCHEDULE FOR COMMUNITY SCREENING SERVICES To approve the fees as stated below to be charged to companies and organizations requesting health department community screening services through the heal:. promotion and adult health programs. Proposed Fee Schedule for Community Screenings The Orange County Health Department provides health promotion consultation and screening services to Orange County businesses, churches and other groups. The following fee schedule has been developed by (1) surveying other counties who offer similar services to their community businesses and organizations, and (2) by assessing the cost of supplies for the service. Health Risk Appraisal $10.00 Includes computer printout and interpretation. Cholesterol (Reflotron) $ 5.00 This fee has already been approved. Blood Pressure $1.00 This fee has already been approved. Hematocrit $ 3.00 This fee has already been approved. Guaiac (occult blood in stools) $ 4.00 This includes 3 packet kit and follow-up if abnormal. Blood Glucose $ 3.60" This includes interpretation and educational material. Immunizations: Adult Tetanus/Diphtheria $ 1.00 Available to 10 or more in a group. ' per person Health Promotion Education - Classes $30.00/hr. This includes lectures, clinic, workshops in the following areas: Smoking Cessation Stress Management Nutrition Information Weight,Management Fitness Etc. Cooking classes would require an additional cost for ingredients. Consultant Services 1st hour free; thereafter, $10.00/hr. E. PROPOSED ZONING ORDINANCE TEXT AMENDMENT-BOARD OF ADJUSTMENT ADMINISTRATION To approve the amendment as stated below to the Zoning Ordinance to reference that the Board of Adjustment meeting is subject to the Open Meetings Law. All meetings of the Board shall be conducted in compliance with the North Carolina Open Meetings Law, North Carolina General Statutes G.S. 143.318.9 et seq. The Board shall give public notice of its meetings also as provided in the Open Meetings Law. Notice shall be given to Board of Adjustment members as provided in the Rules of Procedure adopted by the Board. # 0 1 F. ACCEPTANCE OF FINAL AIRPORT REPORT CLOSEOUT OF PROJECT To accept the final report regarding the airport proposed in Orange County and to authorize the Purchasing and Central Services Director to file the necessary paperwork to close out the project. A copy of this report is in the Commissioners' Library. VOTE: UNANIMOUS VI. RESOLUTIONS/PROCLAMATIONS A. PROCLAMATION OF COUNTY GOVERNMENT WEEK Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to proclaim April 23-27, 1990 as Orange County Government Week and endorse the planned activities as outlined in the agenda abstract. The proclamation is stated below: PROCLAMATION WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have urged citizens across the state to learn more about the county government's role in lives and to be more involved as county citizens' and WHEREAS, Orange County government has served the citizens of the county since 1752 and we are responsible for a growing number of services which have direct impact of local citizens; and WHEREAS, the elected and appointed officials in county government take great pride in serving the citizens of the County and in being directly involved in shaping the future; and WHEREAS, in Orange County the volunteer spirit is still alive and well and the volunteers serve as our partners in progress; and WHEREAS, through their volunteer involvement, citizens learn more about community needs and resources and serve as communications links to the entire community. NOW, THEREFORE, we the Board of Commissioners do hereby proclaim the week of April 23 through April 27, 1990, as Orange County Government Week, and reaffirm our support and appreciation of the valuable contributions of Volunteers in the County. And, further urge all citizens to become more familiar with county government. VOTE: UNANIMOUS B. PROCLAMATION FOR SENIOR GAMES Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to proclaim the week of April 23, 1990 as Orange County Senior Games Events Days. The proclamation is stated below: PROCLAMATION Whereas, According to recent population figures, there are almost 14,000 persons over 55 years of age in Orange County; and, 020 Whereas, Orange County is concerned about the health, fitness, and social well-being of: ° its older population; and, Whereas, Orange County Senior Games provides a special opportunity for older adults to grow positively in the areas of health, fitness, and social well-being; and, . Whereas, Orange County would like to encourage local business and resident support and participation from county residents age 55 and older; NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners declares April 23-28, 1990, as Orange County Senior Games Events Days and encourages citizens age 55 and over to participate. VOTE: UNANIMOUS C. RESOLUTION FOR EARTH DAY 1990 Motion was made by Commissioner Halkiotis, seconded by Commissioner Marshall to adopt the resolution endorsing April 22 as Earth Day 1990 and designating April 15-22, 1990 as Earth Week. The Resolution is stated below: ORANGE COUNTY EARTH DAY 1990 RESOLUTION WHEREAS, Human activities are seriously compromising the earth's ability to sustain life as a result of environmental threats, such as global warming, ozone depletion, acid rain, increasing human and pet populations, declining soil fertility, extinction of species, air pollution, water pollution, and earth pollution,; and WHEREAS, Citizens and community leaders are now recognizing environmental protection and'.. ,:. , ' resource conservation to be essential prerequisites to sustained prosperity and environmental well-being for all living things; and WHEREAS, Cities and counties have many critical environmental responsibilities, including land-use management, management of transportation systems, solid and liquid waste management, protection of water resources, and much more; and WHEREAS, Almost twenty years ago, millions,.of Americans joined together on Earth Day to express an unprecedented concern for the environment, and their collective action resulted in the passage of the first significant legislation to protect our air, our water, and the lands around us; and WHEREAS, Citizens and their governments must strongly commit themselves to act to meet the global environmental challenges without delay, and stand together in cities, counties, towns and villages around the world for a week of collective action to declare our shared resolve for the future; NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS _ Endorses April 22 as Earth Day 1990, and declares that April 15-22, 1990 shall be set aside for public activities promoting preservation of the global environment. VOTE: UNANIMOUS X. ITEMS FOR DECISION-REGULAR AGENDA Chairman Carey stated that any new information brought forth at this meeting will # 0 2 1 be referred to the appropriate group for a recommendation that will be considered by the Board of Commissioners at a later time. A. PUBLIC HEARING DATE - TRANSPORTATION/THOROUGHFARE PLANS Motion was made by Commissioner Marshall, seconded by Chairman Carey to approve holding a public hearing on May 16, 1990 at 7:30 p.m. in Superior Courtroom on Phase I components of the Transportation Plan. VOTE: UNANIMOUS B. PROPOSED AMENDMENTS _ JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT Planning Director Marvin Collins stated that this item relates to the University Lake Watershed protection measures and involves proposed amendments to the Joint Planning Area Land Use Plan and the Joint Planning Agreement. These proposals were presented to public hearing on February 28, 1990. The recommended amendments include incorporating into the Joint Planning Land Use Plan descriptions of the basic strategies for protecting the University Lake Watershed as recommended by Camp Dresser and McKee in their study. Two options are identified. The recommended strategy is one of five-acre minimum lot size zoning. The other amendment includes a Land Use Plan overlay category entitled the University Lake Watershed Area and sets forth development patterns and standards based on the recommended options. The third amendment involves the County's water and sewer extension policy and includes refinements contemplated by the Joint Planning Area jurisdictions. The final amendment involves the agreement itself and deletes the reference to an overlay district entitled "Water Quality Critical Area" and substitutes in its place the new designation "University Lake Watershed Area." Collins reviewed the .'`,comments on the proposed amendments from the Chapel Hill Town Council and the Carrboro Board of Aldermen. The revisions and additions are listed in the agenda abstract. PUBLIC COMMENTS Mr. Bill Burch presented for the Board's consideration a recommendation for permanent protection of University Lake Watershed and wildlife. The main emphasis was the purchase of open land in the watershed area with a surcharge from OWASA customers. The entire presentation is in the permanent agenda file. Mr. Duncan spoke against the proposed restrictions which do not allow sewer lines or water extensions in the University Lake Watershed for existing lots. He stated that the federal grant for septic lines is unrestricted and that previous agreements to allow sewer connections are not being honored. He asked that the proposal be amended to allow sewer and water connections and to honor previous commitments. Marvin Poythress spoke about the five United Churches of Christ. They are attempting to build low cost housing. There are seventy acres in Chestnut Oaks that have already been surveyed for the Habitat for Humanity. He requested that the County give them a variance or exception to allow a one-acre minimum lot size for affordable housing. Chairman Carey stated that the County is aware of this situation and will work to resolve it. Commissioner Halkiotis suggested forming a citizens group to study the possible sources of funding to buy and protect the land that is in the development area of the University lake Watershed. He suggested that those who live and own land in the University Lake Watershed and those who pay for OWASA water form a group and meet to discuss the situation. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the Administration's recommendation as stated below and authorize the Chair to sign a Joint Planning Agreement which contains these amendments and to refer the proposals made by Commissioner Willhoit to the Intergovernmental Work Group for further discussion. • # 022 The Thirteen Point Agreement will be referred to as the Thirteen Point Recommendation from hence forward. The text of the amendments is listed below: -� A. Amend Section II Natural Environment by rewriting the subsection entitled "B Water Resources" to read as follows: Residents of southeast Orange County obtain water from two sources: groundwater (wells) or reservoirs. However, the most reliable source of water for urban use is a reservoir. Until recently, Chapel Hill, Carrboro, and the surrounding areas relied exclusively on University Lake. That source was recognized as inadequate as a long-term water source, and Cane Creek reservoir west of the Joint Planning Areas has been constructed and is now operational. The two reservoirs should provide a raw water supply adequate for the next 20 years. In addition, the Land Use Element of the Orange County Comprehensive Plan has identified possible future reservoir sites to the north of Chapel Hill. The link between land use planning and water resources in the Joint Planning Area lies in protecting water quality by limiting development in University Lake watershed. In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and Mckee (CDM), nationally recognized experts in watershed evaluation, completed the study in March, 1989. Because the consultants did not find improving water quality to be a practical objective, they recommend preventing significant future water quality deterioration in University Lake as a primary goal. The CDM report presented two fundamental ways of meeting the University Lake water quality goal. ,Nonstructural management practices, such as controlling land use through local zoning and subdivision regulations, could reduce the pollution generated from future ,; , development by controlling the amount and location of impervious surfaces and other pollution-causing activities. Structural practices, such as stormwater detention ponds, '' would not reduce the amount of pollution generated but prevent substantial portions of it from reaching University Lake by trapping pollutants near their point of origin. The report recommended nonstructural methods as the preferred approach to watershed protection. Basic elements of the proposed nonstructural plan included large lot (five- acre) residential zoning, limits on impervious surfaces, and the preservation of stream buffers along streams. The advantages of the nonstructural approach included the lower amount of pollution generated and its reduced risk of entering the lake,, the elimination of construction and maintenance costs for stormwater devices, and the ability to provide wastewater disposal through individual septic systems rather than risky community wastewater systems. The CDM report did find that the water quality goal could be achieved through adopted land use plans and regulations (two-acre zoning) and the construction of a significant number of stormwater detention ponds. While the approach would provide for continued growth in the watershed, the high public and private costs associated with a system of 72 larger regional detention ponds or an indeterminate number of smaller individual-development-detention ponds and intensive on-going maintenance requirements were noted as disadvantages. In addition, there would be no way to convert back to a nonstructural control strategy if a structural program resulted in unsatisfactory watershed protection. B. Amend Section V Joint Planning Operating Principles by deleting' the following wording. from the subsection entitled "Initial List of Principles - University Lake Watershed": C. Amend Section V Joint Planning. Operating Principles by deleting the table which # O2 identifies the Joint Planning Area Land use Plan Categories and substituting the following: JOINT PLANNING AREA LAND USE PLAN CATEGORIES Major Land Use Plan Class Subclass Category Resource Protection Public-Private Open Space Suburban Residential Transition Urban Residential TRANSITION Transition I Office-Institutional Transition II Future UNC Development Retail Trade Light Industrial Disposal Use University Lake Watershed Resource Protection RURAL Public-Private Open Space Rural Buffer Agricultural CONSERVATION Rural Residential Retail Trade Extractive Use (The proposed amendment deletes a category entitled "Water Quality Critical Area" and substitutes "University Lake Watershed Area" in its place. ) D. Amend Section V Joint Planning Operating Principles by rewriting the last sentence of the subsection "Rural Buffer and Conservation" to read as follows: The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories: Rural Residential,; Agricultural; Public-Private Open Space; Resource Conservation; Extractive Use; and the overlay category designated University Lake Watershed Area. In addition, the subsection "Water Quality Critical Area" is deleted and, in its place, the following new subsection is substituted: UNIVERSITY LAKE WATERSHED AREA The University Lake Watershed Area includes all lands which drain into the University lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low- density residential uses are permitted. A minimum lot size of five (5) acres and a maximum density of one (1). unit per five (5) acres is required for any development. Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the creation of a limited number (5) of two-acre lots. E. Amend Section VI Future Land Use - Joint Planning Area by rewriting the first paragraph of the subsection "The Rural Buffer Area" to read as follows: Seven categories of Rural Buffer land use have been depicted on the Land use Plan. These /categories include Resource Protection Areas, Public-Private Open Space Areas, Agricultural Areas, Rural Residential Areas, Retail Trade Areas, Extractive Uses, and the overlay # 02. 4 category designated University Lake Watershed Area. In addition, the subsection "Water Quality Critical Area" is deleted and, in its place, following new subsection is substituted: UNIVERSITY LAKE WATERSHED AREA The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low- density residential uses are permitted. A minimum lot size of five (5) acres and a maximum density of one (1) unit per five (5) acres is required for any development. Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the creation of a limited number (5) of two-acre lots. A final change to Section VI innvolved the subsection "Rural Residential" and redrafting the third papagraph to read as follows: To the west of Carrboro, Rural Residential development is also expected in University Lake watershed. However, only low-density residential uses are anticipated. For this reason, residential development will continue to rely on wells and septic tanks for water supply and sewage disposal. F. Amend Section VII Overview of Implementation Strategies by rewriting the last paragraph of the subsection "Sewer and Water Extension Policy" to read as follows: The Orange Water and Sewer Authority (OWASA) is the provider of water and sewer in the Joint Planning Area. OWASA policy is to extend water and sewer in accordance with the ' adopted policies of the applicable local governments. Current Orange County policy is to approve water and sewer extensions generally only to recognized Transition Areas, and, outside of Transition Areas, to approve extensions of water or sewer systems only to provide service to an essential public service, such as a school, or to remedy a public health emergency, such as a failing septic tank or failing package treatment plant. Refinements to this policy have been recommended as part of Joint Planning Area implementation strategies. Under consideration currently is a temporary prohibition on , public water extensions in University Lake watershed until a study can be undertaken of the advisability of extending such service. Furthermore, either an out-right prohibition or a temporary prohibition on public sewer extensions appears likely, excepting sewer service extensions to remedy a public health emergency. If a temporary prohibition is adopted, the provision of sewer service in the watershed would be reconsidered following a study regarding the advisability of such, extensions. The amendment to the Joint Planning Agreement is as follows: 1. Amend the definition of "Rural Buffer" in Section 1.2 Definitions• by deleting the reference to the "overlay district designated Water Quality Critical Area" and substituting "overlay district designated University Lake Watershed Area". The Administration further recommends that the Board of Commissioners authorize the Chair to sign a Joint Planning Agreement containing the amendments referenced above. The revised Agreement will then be forwarded to the Towns of Chapel Hill and Carrboro for consideration. A final recommendation is that- the following proposals of Commissioner Willhoit and the Planning Board be pursued through the Intergovernmental Watershed Work # 025 Group: 1. Committing to the public acquisition of land and/or the purchase of development rights to reduce future pollutant loading potential; 2. Providing tax incentives for "environmental easements" patterned after agricultural use-value assessments; 3. Determining the location of the majority of two-acre and smaller lots and the use of structural BMP's in sub-basins serving existing small lot subdivisions; i.e., East Prices Creek (Heritage Hills) and West Prices Creek (Chatham County); and 4. Proceeding with the review and implementation of the 13-point recommendation. As part of 14 above, consideration should also be given to lot size averaging alternatives and impervious surface ratio modifications. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to request OWASA to include funds in their 1990-91 and subsequent budgets for acquisition of land. VOTE: UNANIMOUS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to request OWASA to include in their 1990-91 budget funds for an engineering study for watershed protection measures for Cane Creek Reservoir. VOTE: UNANIMOUS C. PROPOSED AMENDMENT - ORANGE COUNTY COMPREHENSIVE PLAN Motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve the proposed amendment per the Planning Board recommendation. A copy of this amendment may be found in the permanent agenda file in the Clerk's office. A substitute motion to add the University Lake Watershed as an Orange County Land Use Plan category with a one sentence definition to say "Land that drains into the University Lake Reservoir" was made by Commissioner Hartwell, seconded by Commissioner Marshall. VOTE ON THE SUBSTITUTE MOTION: UNANIMOUS. A substitute motion to table the Land Use Plan Category Description for Water Quality Critical area was made by Commissioner Hartwell, seconded by Chairman Carey. VOTE ON THE SUBSTITUTE MOTION: UNANIMOUS. VOTE ON THE MAIN MOTION: UNANIMOUS D. 2.1-90 UNIVERSITY LAKE WATERSHED (ULWL DISTRICT Motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve the rezoning.of approximately 15,385 acres from the current classification of Protected Watershed II and Water Quality Critical Area to a new zoning district classification, the University Lake Watershed District. VOTE: UNANIMOUS E. PROPOSED AMENDMENTS - ORANGE COUNTY ZONING ORDINANCE Marvin Collins explained that the proposed amendments would implement the strategies for watershed protection identified in the Final Report - University, Lake — Watershed Study dated March, 1989, and the basic strategies identified in the proposed 13- point agreement prepared by the joint Watershed Work Group and dated October, 1989. Two 6 options were presented at public hearing. Option #1, which is the recommended option is based on the land use control strategy recommended by CDM, the consultants who prepared +"'--• University Lake Watershed Study, and the Joint Watershed Work Group. The most basic provisions of this option include a minimum lot size requirement of five (5) acres and a maximum density of one (1) unit per five (5) acres for any development. Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the creation of a limited number (5) of two-acre lots. As an alternative to the latter provision, the number of new two-acre lots which can be created may be limited to two (2) in order to maintain higher water quality levels. Development standards for impervious surface coverage; stream buffers; placement of streets, driveways, and buildings; and water supply/sewage disposal facilities are also proposed. The CDM study recommends a four percent (4%) impervious surface limitation for five-acre lots, while the proposed 13-Point Agreement of the Watershed Work Group included a four percent (4%) limit for five acre lots, six percent (6%) for two to five-acre lots, and twelve percent (12%) for lots smaller than two acres. In addition to the Work Group proposal, a more workable six percent (6%) ratio has been proposed by the Orange County Planning Department for five acre lots. To account for lots larger than five acres, existing lots of less than five acres, and the limited number of two-acre lots which may be created, a sliding scale of impervious surface ratios is proposed, ranging from four percent (4%) for six-acre lots to fifteen percent (15%) for half-acre lots. Motion was made by Commissioner Willhoit, seconded by Chairman Carey to approve the staff's recommendation. Commissioner Hartwell offered an amendment to the motion to table action on the amendments as presented to Article 4.2.27 and Article 4.2.28, seconded by Chairman Carey. • VOTE ON THE AMENDMENT: UNANIMOUS. Commissioner Hartwell offered to amend section 6.25.5.4 by deleting "or closer than twenty (20) feet to the nearest edge of". This amendment failed for lack of a second. ' VOTE ON THE ORIGINAL MOTION: UNANIMOUS. THE AMENDMENTS APPROVED BY THIS MOTION ARE LISTED BELOW C. Amend Article 4.2.30 Major Transportation Corridor (MTC) District by renumbering the Article to 4.2.31. (This amendment provides space for a new Article 4.2.30 establishing the University Lake Watershed (ULW) District. ) D. Amend Article 4 by adding a new Article 4.2.30 University Lake Watershed (ULW) District to read as follows: a. Intent - The purpose of the University Lake Watershed (ULW) District is to prevent significant future water quality deterioration in University Lake, a reservoir supplying drinking water to the people of southeastern Orange County. Based on a study entitled Final Report - University Lake Watershed Study and dated March, 1989, the lake already exhibits some water quality deterioration. Unless additional protective actions are taken, University Lake is vulnerable to additional pollution from eutrophication (nutrient enrichment), toxicants, and , .. sedimentation. -- • PACE Zki The intent of the University Lake Watershed (ULW) District is to apply a set of ti regulations involving land use management practices which protect the watershed by reducing the pollution generated by future development. Since a major source of toxicants and nutrients are impervious surfaces. such as roads, roof tops, and driveways, land use management practices involving minimum lot size and imperious surface restrictions control the amount and location of such surfaces. b. Application Criteria The University Lake Watershed (ULW) district is established as a district which overlays other zoning districts established in this ordinance. The new use of any land or any new structure within the ULW district shall comply with those regulations applicable to the underlying zoning districts as well as the requirements of the ULW district. Where the regulations of the ULW district differ from those of the underlying districts or from other development standards contained in this ordinance, the more restrictive shall apply. 1. This district will be applied to all land located within the University Lake Watershed as designated in the Land Use Element of the Comprehensive Plan. E. Amend Article 6.15.2 Interim Development Standards Approved by rewriting subsection a to read as follows: a. University Lake Watershed 1. Area Affected - these standards shall apply to the University Lake Watershed. 2. Nature and Duration of Standards The following interim development standards shall apply: a) Community alternative treatment and disposal systems as well as public water and sewer service will not be permitted in the University Lake watershed except to-address a public health,emergency.as.determined by- the Orange County Health Department. b) By April 30,' 1991, .studies will be conducted to determine the - -- - advisability of making public water and sewer services available within the watershed. In addition, a pilot program for monitoring and inspecting alternative treatment and disposal- systems as_ cperated by the Orange County Health Department will be- vevaluated to determine the advisability of permitting such systems in the watershed. c) Following receipt and review of the above mentioned studies, a decision will be made regarding the use of alternative treatment and disposal systems and the advisability of public water and sewer services in the watershed. H. Amend Article 6.25 Extra Requirements for the Major Transportation Corridor (MTC) District by renumbering the Article to 6.26 G. Amend Article 6 by adding a new Article 6.25 Development Standards for the University -;ake Watershed ,(ULW) District to read as follows: PAGE 2 to 8 6.25 Development Standards for the University Lake Watershed (ULW) District Within the University Lake Watershed (ULW) District, significant water quality deterioration may be prevented by land use controls which reduce the. pollution from future development. For this reason, the new use of any land or any new structure within the ULW district shall comply with the following development standards: 6.25.1 Minimum Lot Size Regulated The minimum required lot size for any use in the University Lake Watershed (ULW) District shall be five (5) acres except as may be permitted in Article 6.25.2 or Article 6.25.3. In addition, no residential development shall exceed a density of one (1) dwelling unit per five (5) acres except as may be permitted in Article 6.25.2. 6.25.2 Existing Lots of Record a. Existing lots of record as of October 2, 1989 can be subdivided to create up to five (5) 'lots of not less than two (2) acres in size; provided, however, the remaining land shall be developed with a minimum lot size of at least five (5) acres for each lot and at a density not to exceed one (1) dwelling unit per five (5) acres of land area. b. Existing lots of record as of October 1, 1989 that are less than five (5) acres in size and which cannot be further subdivided can be developed by the owner at the current lot size. 6.25.3 Cluster Alternative Cluster developments are permitted, provided the minimum lot size for each lot in the development is not less than one (1) acre, and the overall - density of the development, including the land area saved by lot size reductions, does not exceed one (1) dwelling unit per five (5) acres. All land area saved by lot size reductions shall be_reserved as permanent open space. If cluster open space `is -not dedicated 'for public`use- it'shall be subject to approved arrangements sufficient to assure its maintenance and preservation. Such arrangements may include, but not -be..limited to, the conveyance of the open space to a local or regional land conservancy or a homeowners association, provided the subdivider shall record a declaration - - of covenants and restrictions which prohibits further subdivision of the open space as well'as its use for development purposes. ' If needed to control pollution loadings resulting from the runoff from impervious surfaces in a cluster development, on-site wet detention basins or ponds may be required. Where required, the design of such facilities shall be based on the criteria set forth in the Final Report = University Lake Water Study dated March, 1989. Provision shall also be made for the public inspection and maintenance of such facilities. 6.25.4 Impervious Surface Regulated An impervious surface is a surface composed of any material which impedes or _, _ PAGE.2. prevents the natural infiltration of water into the soil. Impervious surfaces shall include both paved and unpaved surfaces, including, but not limited to, streets and parking areas, driveways, sidewalks, patios, and structures which cover the land. In order to promote the infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and University Lake reservoir, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios for University Lake Watershed - Section 6.25.4 Impervious surface calculations for an individual lot shall be cumulative, including the original construction and any subsequent additions thereto. The calculation of impervious surface coverage for an individual lot shall also include one-half of the street surface on which the lot fronts or abuts; provided, however, the impervious surface calculation will not include the surface of any street existing on April 2, 1990 unless the street is upgraded to a greater width. In such cases, only the additional width shall be included in calculating the impervious surface coverage. It is the intent of this section that the impervious surface limitations specified herein shall apply to the entire tract to be developed. Therefore, if the subdivision involves the creation of any street or other impervious surface outside the boundaries of the lots so created, then the total impervious surface allocation may be determined as follows: a. The total area of permissible impervious surface for the entire subdivision shall be calculated, applying the percentage limitations set forth in Table 6.25.4. b. From the total area calculated pursuant to a. above, there shall be subtracted the impervious surface area within streets and other areas outside of the individual lot boundaries. c. Following the calculation set forth.in-b. -above, the remaining -- -. - permissible impervious surface shall be allocated equally to each lot-by - - . the subdivider or as may be approved by the Zoning Officer. The allocation shall be indicated on a separate document recorded together with the final subdivision plat. For conventional siubdivisions _to be. developed-in accordance with the provisions of Article 6.25.1 and cluster subdivision to be developed in accordance with the provisions of Article 6.25.3 an impervious surface limitation of four percent (4%) (or six percent (6%)) shall apply to the entire tract to be developed. For an existing lot of record to be developed in accordance with the provisions of Article 6.25.2b, the full range of impervious surface ratios specified in Table 6.25.4 is applicable. 6.25.5 Stream Buffers Required The effective use of buffer zones along streams can increase the overall factor of safety associated with a watershed protection plan. By preventing development from encroaching on steams, buffer zones can help minimize stream channel erosion downstream of development. If properly situated and PAGE2t a kept in undisturbed natural vegetation, buffer zones will receive sheetflow runoff; i.e. , runoff which flows slowly in a spread out pattern rather than being concentrated in a Swale, from adjoining development and achieve reductions in pollution discharges. Within the University Lake Watershed (ULW) District, an area of land or buffer zone along perennial and intermittent streams shall be required to remain in its natural state, unless the area is subject to serious erosion, in which case an erosion resistant vegetative cover shall be established and maintained. Perennial streams are those streams shown in solid blue on the USGS quadrangle maps for Orange County. Intermittent streams are those streams shown by broken blue lines on the same maps. 6.25.5.1 Calculation of Buffer Zone Width Width; i.e. , distance from the stream bank to the edge of the buffer, is a critical factor in determining the effectiveness of a buffer zone. An equally important determinant in pollutant removal in a buffer zone is travel time; i.e. , the greater the time allowed for runoff to travel through a buffer, the greater the opportunities for pollutant removal through sedimentation, filtration, absorption, and seepage into the soil profile. Monitoring studies of highway runoff have shown that pollutant removal in grass swales is at a maximum after a 15-minute travel time. Based on this standard, Table 6.25.5 was derived to provide a sliding scale for buffer zone widths based on slope and vegetative cover. TABLE 6.25.5 REQUIRED BUFFER.ZONE WIDTHS ALONG PERENNIAL AND INTERMITTENT STREAMS IN UNIVERSITY LAKE WATERSHED TYPE OF GROUNDCOVER SLOPE GRASS (FT) WOODS (FT) 2% TO 4.9% 100 50 5% TO 6.9% 150 100 7% TO 9.9% 150 100 10% TO 14.9% 200 100 15% OR GREATER 250 150 The required stream buffer zone shall start at the stream bank and be measured away from the stream for a distance depending upon the slope and the vegetative cover near the stream. The slope shall be calculated by measuring a distance of 250 feet from the stream bank, determining the rise in elevation in that distance, and dividing the rise in elevation by the distance of 250 feet. Based on the resulting slope calculation and the type of vegetative cover near the stream, the applicable buffer zone width may be determined from Table 6.25.5. Slope shall be determined from the USGS quadrangle maps for Orange County, by on-site measurements or by special survey by a registered engineer or surveyor. i.. PACE2 s The required stream buffer zone shall not be limited to one calculation but shall be based on calculations made at points where topographical and ground cover conditions change based on an analysis of the site. In addition to the buffer zone resulting from the above calculations, a stream buffer shall include any portion of a floodplain as defined in the Orange County Flood Damage Prevention Ordinance, by special survey by a registered engineer or surveyor or by alluvial soils as designated in the Orange County Soils Survey. 6.25.5.2 Buffer Zones Included As Part Of Minimum Lot Size Stream buffer zones can be used as part of the required lot area or lot size established as part of these development standards. 6.25.5.3 Existing Vegetation in Buffer Zones Existing forested areas and other vegetation in a healthy condition cannot be removed from or disturbed in a stream buffer zone. Diseased and/or dead vegetation may be removed and replaced with vegetation resulting a comparable stormwater runoff velocity and quantity. 6.25.5.4 Permitted Uses Within Buffer Zones Notwithstanding any other provisions of this Article, no impervious surface shall be located in or closed than twenty (20) feet to the nearest edge of a designated buffer zone, except that the Zoning Officer may authorize the crossing of a designated buffer zone and the presence of impervious surface therein by or for: a. A public or private street where the crossing is perpendicular. to the stream and is justified in that: . 1. Without such a crossing, over fifty percent (50%) of the land area would be without access and therefore undevelopable; or - 2. It allows a design that would clearly result in less damage to the watershed than would result if the property were developed without such a crossing. b. Above ground and buried utility lines for the distribution of electricity, gas, telephone, and cable television service where: 1. It is practicably unavoidable if the subject property and adjoining property are to be served or potentially served by a public service, and an alternate design would result in greater damage to the watershed; and 2. The system, as a whole, emphasizes placement outside designated buffer zones; and 3. To the extent practical, the direction of the line crossing is perpendicular to the stream. PAGE 26F 6.25.6 Placement of Streets, Driveways. and Buildings Streets, driveways, and buildings or other impervious structures shall be located, to the extent reasonably possible, so as to take full advantage of `:: : the absorption capacity of the soils on which they are to be situated and to ...,.. avoid the following environmentally sensitive areas: a. Stream buffer zones as required by Article 6.25.5 above; b. Floodplains as defined in the Orange County Flood Damage Prevention Ordinance, by special survey by a registered engineer or surveyor or by alluvial soils as designated in the Orange County Soils Survey and which are not part of a required stream buffer zone; c. Wetland areas as defined by the U.S. Army Corps of Engineers; d. Land with slopes greater than fifteen percent (15%) ; and e. Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, N.C. To avoid the creation of lots that will be difficult to build upon in a manner that complies with the standards set forth in this Article, the preliminary plat for the subdivision of land shall show proposed building envelopes and approximate driveway locations for all lots within such subdivisions. Thereafter, no zoning compliance permit may be issued for the construction of buildings or driveways outside the areas so designated on the preliminary plat unless the Zoning Officer makes a written finding that "' y14') the proposed location complies with the provisions of this Article. 6.25.7 Water Supply/Sewage Disposal Facilities Required Every principal use and every lot within a subdivision shall be served by a water supply and sewage disposal system that is adequate to accommodate the needs of such use or subdivision lot and that complies with all applicable - regulations of the Orange County Health Department. Notwithstanding the above provisions, water supply and sewage treatment systems shall be limited to individual wells and on-site septic systems or individual on-site alternative .disposal systems. The use of community alternative wastewater disposal systems_and_public water and sewer_.service is restricted as specified in Article 6.15.2.a of this Ordinance. No new septic tanks and their nitrification fields shall be located within a designated stream buffer zone or within one hundred (100) feet of a perennial or intermittent stream as shown on the USGS quadrangle maps for Orange County, whichever is the greater distance. F. PROPOSED AMENDMENTS - ORANGE COUNTY SUBDIVISION REGULATIONS Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to approve the staff's recommendation as stated below: a. University Lake Watershed PAGE2G G 1. Area Affected - These standards shall apply to the University Lake Watershed. 2. Nature and Duration of Standards - The following interim development standards shall apply: a) Community alternative treatment and disposal systems as well as public water and sewer service will not be permitted in the University Lake watershed except to address a public health emergency as determined by the Orange County Health Department. b) By April 30, 1991, studies will be conducted to determine the advisability of making public water and sewer services available within the watershed. In addition, a pilot program for monitoring and inspecting alternative treatment and disposal systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. c) Following receipt and review of the above mentioned studies, a decision will be made regarding the use of alternative treatment and disposal systems and the availability of public water and sewer services in the watershed. PROPOSED AMENDMENTS TO THE ORANGE COUNTY SUPERVISION REGULATIONS TO IMPLEMENT THE UNIVERSITY LAKE WATERSHED PROTECTION STRATEGIES Listed below are proposed amendments to the Orange County Subdivision Regulations. If adopted, the amendments would supplement proposed Zoning Ordinance amendments to implement strategies for watershed protection- identified in the Final Report -University Lake _ Watershed Study dated March, .1989, -and -the basic strategies identified in the proposed 13- point agreement prepared by the Joint Watershed Work Group and dated October, 1989. For a _ -. .- complete understanding of the proposals, reference should also -be made to the proposed amendments to the Zoning Ordinance. The proposed amendments are being presented at a special'public hearing on February 28, 1990. The proposals involve amendments to Orange County's Subdivision Regulations and require only the approval of the Board of Commissioners. Upon completion of the public hearing, and following receipt of the Planning Board's recommendation, the Board of Commissioners may adopt Option #1, Option #2 or some combination of the two. The specific wording proposed for various sections of the Subdivision Regulations is listed below. 1. Amend Section IV-B-10 Cluster Developments by adding a new subsection g) to Section IV-B-10-b to read as follows: g) Cluster developments in the University Lake Watershed (ULW) District shall comply with the development standards as set forth in Article 6.25 of the Orange County Zoning Ordinance. PAGE Z K 2. Amend Section IV-B-10 Cluster Developments by rewriting the introductory paragraph of Section IV-B-10-c to read as follows: *rte For lots created as part of a cluster development, minimum lot area, lot width, and setback requirements as specified in Article 4.1.2 of the Orange County Zoning Ordinance may be reduced as set forth below. For lots created as part of a cluster development in the University Lake Watershed (ULW) District, the minimum lot size may be reduced as specified in Article 6.25 of the Zoning Ordinance. 3. Amend Section V-C Preliminary Plat by rewriting subsection V-C-6 as follows: V-C-6 Floodway and Watershed Data , The boundaries for both the floodway and floodway fringe areas shall be designated and labeled on the plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be designated and labeled on the plat: (a) Impervious surface data as required by Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance; (b) Stream buffers as required by Section IV-B-9-b of this Ordinance or Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance; and (c) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c this Ordinance, the Orange County Sedimentation and Erosion Control Ordinance or Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance. 4. Amend Section V-D Final Plat by rewriting subsection V-D-5-d as follows: V-D-5-d Floodway and Watershed Data The boundaries for both the floodway and floodway fringe areas shall be designated and labeled on the plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivisions located within a water supply watershed of regional and/or. local importance, the following information shall be designated or referenced on the Final Plat: (a) Impervious surface data as required by Article 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance shall be provided in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference of the document shall be noted on the Final Plat. (b) Stream buffers as required by Section IV-B-9-b of this Ordinance or Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance shall be noted on the Final Plat. Development restrictions within the PAGE Z.41 buffer shall be specified in a separate document to be recorded - concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (c) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c of this Ordinance and/or Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance shall be labeled on the Final Plat. Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. GL SCRAP TIRE DISPOSAL FEE Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the resolution as stated below authorizing scrap tire disposal fee and authorizing the Chair to sign said resolution: RESOLUTION AUTHORIZING SCRAP TIRE DISPOSAL FEE A Resolution authorizing the Landfill Owners Group through the Chapel Hill Town Manager to assess a scrap tire disposal fee of $1 per tire that allows the Orange Regional Landfill to fully comply with the provisions of the North Carolina Scrap tire Disposal Act. WHEREAS, the County of Orange supports the provisions of the North Carolina Scrap Tire Disposal Act; and WHEREAS, it is the intent of the Landfill Owners Group to collect and dispose of scrap tires in an environmentally sound fashion; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the :ind£ill Owners Group through the Chapel Hill Town Manager is authorized to implement the --:,crap tire disposal fee of $1 per tire and to begin collection of fees upon proper notice to the citizens of Orange County. XI. APPOINTMENTS - Tabled • HUMAN SERVICES TRANSPORTATION COMMISSION - Forest E. Walton XII. MINUTES - None XIV. ADJOURNMENT With no further items for consideration, Chairman Carey adjourned the meeting. The next regular meeting will be held on April 17, 1990 at 7:30 in the courtroom of the old Post Office in Chapel Hill, North Carolina. Moses Carey, Jr. , Chair Beverly A. Blythe, Clerk 1 . I_ y ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL MONDAY, APRIL 2 , 1990 ON ALL ABSTRACTS 7: 30 P.M. AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE. HILLSBOROUGH, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732-8181 or 968-4501. I. BOARD COMMENTS II. COUNTY MANAGER' S REPORT III. ADDITIONS OR CHANGES TO THE AGENDA IV. AUDIENCE COMMENTS A. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) B. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. V. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) A. Rencher Street CDBG Matching Funds B. Annual Contributions Contract/Section 8 Certificate Program C. Emergency Shelter Grant Application D. Health Department Fee Schedule for Community Screening Services E. Proposed Zoning Ordinance Text Amendment--Board of Adjustment Administration F. Acceptance of Final Airport Report--Closeout of Project VI. RESOLUTIONS/PROCLAMATXONS. A. Proclamation of County Government Week B. Proclamation for Senior Games VII. SPECIAL PRESENTATIONS VIII. PUBLIC HEARINGS IX. REPORTS X. ITEMS FOR DECISION--REGULAR AGENDA A. Adoption of Watershed Regulations B. Public Hearing Date--Transportation/Thoroughfare Plans C. Proposed Amendments--Joint Planning Area Land Use Plan and Joint Planning Agreement D. Proposed Amendment--Orange County Comprehensive Plan E. Z-1-90 University Lake Watershed (ULW) District F. Proposed Amendments--Orange County Zoning Ordinance G. Proposed Amendments--Orange County Subdivision Regulations H. Scrap Tire Disposal Fee XI. APPOINTMENTS XII. MINUTES - None XIII. EXECUTIVE SESSION XIV. ADJOURNMENT (*) Indicates items that need immediate attention. ORANGE COUNTY BOARD OF COMMISSIONERS 1 Action A enda Item No WA ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 SUBJECT: Rencher Street CDBG Matching Funds DEPARTMENT Budget PUBLIC HEARING YES NO _X_ ATTACHMENT(S) INFORMATION CONTACT Proposed Budget Ordinance Amendment #12 Rod Visser, ext 492 Proposed Grant Project Ordinance TELEPHONE NUMBER Amendment Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To budget County matching funds of $85, 000 required under the terms of the 1988 Community Development Block Grant for the Rencher Street Project. BACKGROUND: In August 1988, Orange County was awarded $600,000 in Community Development Block Grant Funds for the Rencher Street community. The grant agreement, funding approval, and signatory form and certification were approved on September 20, 1988. The proposed budget ordinance amendment will appropriate fund balance from the General Fund and transfer it to the Community Development Fund. The proposed grant project ordinance amendment will appropriate these transferred funds for Sewer Improvements included in the Rencher Street Project. RECOMMENDATION(S) : Adopt the proposed grant project ordinance amendment and the proposed budget ordinance amendment. r . 2 GRANT PROJECT ORDINANCE COMMUNITY DEVELOPMENT BLOCK GRANT - 1988 Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the ordinance adopting the "Community Development Block Grant -1988" is hereby amended as follows: Section 1. Section 3 of the above mentioned ordinance is amended to read as follows: Community Development Grant $ 600,000 Program Income 300 Transfer from General Fund 85,000 $ 685,300 Section 2 . Section 4 of the above mentioned ordinance is amended to read as follows: Acquisition $ 3,000 Street Improvements 99,925 Sewer Improvements 182,688 Water Improvements 64,718 Clearance Activities 1,700 Rehabilitation of Privately Owned Dwellings 185,128 Administration 81, 388 Sewer Improvements-Local Option 66,753 $ 685, 300 Section 3 . Section 8 of the above mentioned ordinance is added to read as follows: This ordinance shall be in effect from date of adoption until June 30, 1991. Adopted this 2d day of April, 1990. 3 ORANGE COUNTY PROPOSED 1989-90 BUDGET AMENDMENTS The 1989-90 Orange County Budget Ordinance, as amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND (1) Source: Approp Fund Balance $ 739,722 $ 85,000 $ 824,722 Appropriation: Transfer to Other Funds $1,492,210 $ 85, 000 $1,577,210 To budget for required County matching funds for the Rencher Street CDBG Project. BUDGET AMENDMENT NUMBER: 12 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.V-EV ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2 , 1990 SUBJECT: Annual Contributions Contract/Section 8 Certificate Program DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes HUD Resolution Annual Contributions Contract TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt a resolution authorizing execution of a Annual Contributions Contract for the Section 8 Existing Certificate Program. BACKGROUND: The County presently administers the Section 8 Existing Certificate Program for 388 families in Orange County. Authority to administer this program is provided through an agreement with HUD known as an Annual Contributions Contract (ACC) and allows the County to provide housing assistance payments to eligible participants according to HUD regulations. Our present ACC expires July, 1991 , however, the term of the ACC is being extended to August 1992, thereby, giving the County an additional year of contract/budget authority. The total budget authority for the term ending August 1992 is $1 , 571 , 572 . In order to accept this extended term, it is necessary to execute another ACC with HUD. RECOMMENDATION(S) : Adopt the resolution authorizing the Chair to sign the Annual Contributions Contract for the Section 8 Existing Certificate Program on behalf of the County. 2 RESOLUTION AUTHORIZING EXECUTION • OF 'AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange County Housing Authority (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A-2903 is hereby approved and accepted both as to form and substance and thechair of Bd. of Commissioners is hereby authorized and directed (Title of Officer) to execute said Contract in triplicate on behalf of the PHA, and the C1er-k to the Bd of Commissioners is hereby authorized and directed to ' (Title of Officer) impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized (Title of Officer) to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolutiob shall take effect immediately. 3 ACC Part l Numbers A--2903 - E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT PA_ RT 1 for HOUSING CERTIFICATE PROGRAM 1.1. DEFINITIONS. A. ACC. As used in Part 1 of this CACC, "ACC" means the Annual Contributions Contract for each project. As used in Part 11 of this CACC, "ACC" means the CACC. B. Budget Authority. The maximum aggregate amount which may be paid by HUD for each project in the Program over the duration of the CACC. Budget Authority is reserved by HUD from amounts authorized and Congress. budget authority for projects Federal Fiscal Year 1988 and later years.) C. CACC. Consolidated Annual Contributions Contract. D. Contract Authority._ The amount of contract authority for each project is listed in Exhibit I or Exhibit II of this CACC Part 1 (subject to reduction in accordance with section 1.4.D and section 2.9 of this CACC). E. Cost Amendment. An amendment to the CACC which provides additional contract or budget authority to cover increased Program Expenditures to maintain the Program at the number of units originally approved by HUD. F. Fiscal Year. The PHA Fiscal Year. ACC Part I: Page 1 of 6 pages HUD 52520 B (August 1988) G. HUD. U.S. Department of Housing and Urban Development. H. Maximum Annual Contribution Commitment_ See section 1.4.C.1.b. of this CACC. 1. PHA. Public Housing Agency. J. Program. The PHA's Housing Certificate Program under the CACC. K. Program Receipts. Amounts paid by HUD to the PHA for the Housing Certificate Program, and any other amounts received by the PHA in connection with the Program. L. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the CACC and HUD requirements. M. Project. A funding increment for the Program. (The project may be for additional units or for a cost amendment. ) 1.2. HOUSING CERTIFICATE PROGRAM. A. Projects in Program. 1. List of Projects. The Projects in the Program are listed In Exhibit 1 and Exhibit II of this CACC Part I. 2. Exhibit 1. Exhibit 1 fists projects funded with amounts appropriated before Federal Fiscal Year 1988. 3. Exhibit II. Exhibit II lists projects funded with amounts appropriated in Federal Fiscal Year 1988 and later years: B. Number of Units (by number of bedrooms). To the maximum extent feasible, the PHA shall enter into contracts for housing assistance payments for units under the Program In accordance with the unit distribution stated in this section. No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Number of bedrooms Number of Units, 0 1 1 f5 2 219 3 91 4 12 Total 388 ACC Part It Page 2 of 8 pages HUD 52520 B (August 19B8) . 5 C. PHA Fiscal Year. 1. The first fiscal year for the Program shall begin on October 18, 1976 (Enter the effective date for the first project listed in Exhibit I of Part I of the CACC. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. ) The first Fiscal Year for the Program shall end on the last day of the PHA Fiscal Year which ends not less than 12 months, or more than 23 months, after this date. 2. Thereafter, the fiscal year for the Program shall be the 12 month period ending June 30 of each calendar year. (Enter the day and month used as the Fiscal Year ending date for other Section 8 assistance administered by the PHA under an Annual Contributions Contract with HUD. ) 1.3. TERM. A. Exhibit I Projects. For all Projects listed in Exhibit 1, the term of the CACC shall end on August 1, 1992 (Insert last date of CACC term for all Exhibit 1 projects. If this date is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. ) B. Exhibit 11 Projects. For each project listed in Exhibit Ili _ .. 1. Exhibit 11 states the first date and last date of the ACC term for the project. 2. The first date of the ACC term for the project shall be the first day of the month when HUD signs the CACC which adds the project to the Program, or another date as determined by HUD. 3. If the first or last date of the ACC term for the project is not entered before the CACC is signed by the PHA, the date may be entered subsequently by HUD, upon written notice by HUD to the PHA. 4. HUD may revise Exhibit II at any time, upon written notice by HUD to the PHA (a) to add a cost amendment project, or (b) to `remove a project for which the ACC term has expired. ACC Part 1: Page 3 of 6 pages HUD 52520 B (August 1986) 6 1.4 ANNUAL CONTRIBUTION. A. Payment._ HUD shall pay the PHA annual contributions for the Program in accordance with HUD regulations and requirements. B. Amount and Purpose of HUD Payments. 1. The annual contribution for the Program shall be the amount approved by HUD for each Fiscal Year to cover: a. The amount of housing assistance payments by the PHA. b. The amount of PHA fees for Program administration. 2. The amount of the HUD annual contribution may be reduced, as determined by HUD, by the amount of Program Receipts (such as interest income) other than the HUD annual contribution. C. Maximum Payments for Program. 1. Annual Limit on Payments for Program. a. Except for payments from the CACC reserve account as provided in section 1.4.E of this CACC, the HUD annual contribution for the program under section 1.4.B during the Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program. b. The Maximum Annual Contribution Commitment for the Program for each PHA Fiscal Year shall be equal to the sum of the contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibits 1 and 11 of this CACC Part 1 (subject to reduction in accordance with section 1.4.D and section 2.3 of this CACC). If the first Fiscal Year for the Program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Tear may be adjusted in an amount as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. ACC Part is Page 4 of 6 pages HUD 52520 B (August 1988) 2. Limit on Total Payments for Program. The sum of HUD payments under section 1.4.B for the Program over the duration of the CACC (including any payments from the CACC reserve account as provided in section 1.4.E) shall not be more than the sum of the budget authority amounts reserved by HUD for the projects in the Program from amounts authorized and appropriated by the Congress. D. Reduction of Amount Payable. HUD may reduce the amount payable by HUD for any project or for the Program, and may reduce the amount of the contract authority or budget authority for any project, by giving the PHA written notice of reduction in accordance with section 2.3 of this CACC. The notice by HUD may include a revision of Exhibits I or it to state the reduction in the amount of contract authority or budget authority for a project. E. CACC Reserve Account. A CACC reserve account shall be established and maintained by HUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c)(6) of the V.S. Housing Act of 1937. The CACC reserve account may be used by HUD for payment of any portion of the payment approved by HUD under section 1.4.8 for the Fiscal Year. F. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit 11 shall constitute a separate ACC. 1.5 CACC. A. The CACC consists of this CACC Part 1 (including Exhibits l and 11) and the form ACC Part 11 prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated June 1985. These documents constitute the whole CACC for the Program. ACC Part 1: Page 5 of 6 pages HUD 52520 B (August i968) 8 B. This CACC supersedes any previous Annual Contributions Contract for the projects or Program. Matters relating to operation of the projects or Program under a previous Annual Contributions Contract shall be governed by this CACC. Signatures: PUBLIC HOUSING AGENCY ORANGE COUNTY HOUSING AUTHORITY Name of PHA By Signature Date signed Print or type name and official title of signatory UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT By Signature Date signed Print or type name and official title of signatory ACC Part 1: Page 6 of 8 pages HUD 52520 B (August 1988) _ r 9 ACC Part I Number: A-2903 - E EXHIBIT I Projects Appropriated Before Federal Fiscal Year 1988 PROJECT ACC LIST CONTRACT PROJECT ACC NUMBER NUMBER AUTHORITY EFFECTIVE DATE NC19-E104-003 A-77-248 $ 92,376.00 05/19/77 NC19-E104-004 A-77-517 452,436.00 09/15/77 NC19-E104_006 A-81-679 121,140.00 06/30/81 NC19-E104-007 A-84-0676 66,960.00 09/17/84 NC19-E104-008 A-85-0289 94,512.00 04/09/85 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Exhibit is Page 1 of 1 pages HUD 52520 8 (August 1988) 10 • ACC Part 1 Number: A-2903 - E EXHIBIT II Projects Appropriated in Federal Fiscal Year 1988 and Later Years Abbreviation: CA = Contract authority. BA = Budget authority. PROJECT CA BA OF LAST TERM OF TERM DNSTRI- NUMBER BUTION NC19-E104-001 $304,284.00 $4,565,412.00 10/18/76 10/17/91 OBR 1 1BR - 52 2BR - 56 3BR - 17 Total 126 • NC19-E104-901 $372,074.00 $ 744,148.00 09/01/89 06/30/91 NA UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Date signed Exhibit II:. Page 1 of 1 pages HUD 52520 S (August 1988) ... 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No._ ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2 , 1990 SUBJECT: Emergency Shelter Grant Application DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes Grant Application TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize the execution of an Emergency Shelter Grant Application. BACKGROUND: The N.C. Department of Economic and Community Development (ECD) has announced the availability of additional Emergency Shelter Grant Program (ESGP) funds. The purpose of this program is to assist families and individuals who are homeless primarily due to their economic circumstances . These grants will be awarded to local governments to help improve the quality and availability of emergency shelters and services for the homeless in their communities. Since 1987 , the County has been awarded a total of $38 , 935 in ESGP funds. These funds were directed to the Inter-Faith Council for the operation of their Community Shelter . Again, the Housing and Community Development Department is proposing submission of an ESGP application with Inter- Faith Council acting as subrecipient . Inter-Faith Council has agreed to provide the matching resources necessary. This application will request $37 , 500 to be used for operations and services at the IFC shelter . The deadline date for submission is April 10 , 1990 . County staff have met with representatives of Inter-Faith Council to discuss and prepare the proposed application. The application has been forwarded to the appropriate County officials for review and comment . RECOMMENDATION(S) : Authorize submission of an Emergency Shelter Grant Application and authorize the Chair to sign the Application on behalf of the County. 2 - `.. EMERGENCY SHELTER GRANTS PROGRAM APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: p.0. Box 8181 Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Fikes Address: p.0. Box 8181 Hillsborough, N.C. 27278 Telephone: (919)732-8181 2. SHELTER (SUBRECIPIENT) a. Name of shelter: Inter-Faith Council Community Shelter b. Address: 100 W. Rosemary Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran Telephone: (919)967-0643 d. Is subrecipient a domestic violence shelter? Yes No X 3. ADMINISTERING AGENCY a. Name of administering agency: County of Orange b. Contact person and phone number: Tara L. Fikes (919)732-8181 4. GRANT REQUEST - Operations/Services funds requested $ 37,500 TOTAL $ 37,500 5. If the local government certifications are to be submitted at a later date than the application due date, please indicate that date: N/A 6. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official of local government applicant: Moses Carey, Jr. Chair, Board of Commissioners b. Signature c. Date ESGP X1101 (Revised 3/90) 3 EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of Applicant County. of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. The homeless population of this community needs many transitional housing resources to enable them to seek appropriate services such as medical, mental health, substance abuses, employment, legal, housing, job training, child care and life skill training. After receiving appropriate counseling and services, occupants will be assisted in establishing permanent living arrangements. These needs are expected to remain the same in the future. 2. What is the approximate number of homeless persons in your community/service area? During 1989, 7837 units of service (one night per guest equals one unit of service) were provided for 354 guests. The total number of guests increased with 73 more persons served in 1989 than in 1988. According to a report of the Chapel Hill Task Force on the Homeless, there are as many as 50 homeless persons in Orange County at any given time. The local community action agency, JOCCA, has indicated that there are as many as 100 homeless persons in Orange County at any given time. 3. Please define the community/service area used in answering question 2 above. Orange County is the community service area which includes all incorporated towns within Orange County. 4. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? The Inter-Faith Council provides the only overnight shelter for homeless persons in Orange County. However, many other agencies provide temporary assistance to persons needing clothing, money and short-term assistance. The Agencies include Orange Congregations in Mission, Joint Orange Chatham Community Action Agency and the local Department of Social Services. Many other churches and small community services groups also provide meals at various holidays during the year. ESGP #102 (Revised 3/90) 4 4 EMERGENCY SHELTER GRANTS PROGRAMS LOCAL.GOVERNi1ENT CERTIFICATION FORM The Applicant, county of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 576.71 will be provided. A description of the sources and amounts of such supplemental funding is provided in this application. (b) It possesses legal authority to apply for the grant, and to execute to the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant approved by ECD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA) , and other provisions of Federal law, as specified at 24 CFR 58.5, which furthers the purpose of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (3) Consents to review and comment on all Environmental Impact Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) Its ESGP program will be conducted and administered in conformity with Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrecipients of ESGP grants will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 4 NCAC 19Q of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 3/90) 5 (g) It will give ECD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers of documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those who may have family, business or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. (j) It will assure that the recipient and project sponsor conducting activities, funded in whole or in part with McKinney Act funds, will assist the homeless population in this jurisdiction, will administer, in good faith, a policy designed to ensure that the assisted homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. Moses Carey, Jr., Chair Board of Commissioners Name and Title of Chief Elected Official Signature Date ESGP #104-2 (Revised 3/90) 6 ESGP Round 5 Application Check List • Name of Local Government (applicant): County of Orange Name of Subrecipient: Inter-Faith Council Community Shelter X 1. Do you have one original and one copy of the following forms for each Shelter? X a. Application Summary Form X b. Community Needs Form X c. One six page Operations/Services Activities Form x d. Certification Form _IL 2. Is the original application signed in ink by the local government Chief Elected Officer on the Applications Summary Form and on the Certification Form? (Signature must match typed name) X 3. Are all questions of the application package answered completely? X 4. Will all application materials be received by the Division of Community Assistance on April 10, 1990, or be postmarked by this date? . N/A 5. If applicable, will both the Certification Form, ESGP #104 and the signature on the Application Summary Form, ESGP #101 be received or postmarked on or before May 24, 1990? Signature Date Local Government Contact Person (Should be same as on Application Summary Form) 7 EMERGENCY SHELTER GRANTS PROGRAM OPERATIONS/SERVICES ACTIVITIES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Directions for filling out this form are found on pages 8 and 9 of the guidelines. A. Name of Applicant: County of Orange (Local Government) B. Name of Shelter: Inter-Faith Council Community Shelter C. Name of Organization: Inter-Faith Council 1 . What is the overnight lodging capacity of your shelter now? 56 Persons 2. Amount requested for Operations $ _37,500 3. For what kind of operating costs are ESGP funds to be used? Mark checks beside all applicable activities on page 112-2. 4 . Amount requested for Services $ N/A 5. What kind of essential services are to be performed with ESGP funds? Mark checks beside all applicable activities on page 112-3. 6. How long has your organization been providing assistance to the homeless? 5 Years 3 Months 7. Is the shelter to be assisted with ESGP funds currently occupied by the subrecipient agency? xL Yes No 8. Is your shelter a soup kitchen, day shelter, or other non-lodging facility? Yes X No ESGP #112-1 (3/90) 8 Operations/Services Activities Form (2 of 6) Examples of Eligible Operations Activities - Rent (including pre-payment) - Utilities: (including pre-payment) Electric, telephone, gas, oil, water & sewer, heating - Routine Maintenance - Purchase of Kitchen equipment and supplies: - Refrigerators - Ice Machine - Freezers - Microwaves - Serving Carts - Coffee Maker - Stove/Ranges - Dishwasher - Electric Can Openers - Hand Mixers - Steam Tables -- Food Trays - Cups, Plates, and Paper towels - Utensils - Purchase of Household Equipment and Supplies; circle all that apply: mops, brooms, buckets, cleaning supplies, tools, vacuum, washer and dryers, light bulbs, dumpster lawn mowers, yard tools, bathroom essentials, first aid supplies, dehumidifiers, and day care supplies. - Purchase of Furniture and other Appliances: - Beds/cots (linens) - Telephone answering services - Portable heaters - Exhaust fans - V.C.R. - Intercom X T.V. -- Crib, playpen - Pay for Services: X Insurance of facility - Garbage pickup - Pest Extermination x Janitorial services - Fumigation X Other: - Insulating Materials - Recharged fire extinguishers -- Repaired hot water heater 112-2 9 Operations/Services Activities Form (Page 3 of 6) Examples of Eligible Services Activities - Purchase/Provision of food - Transportation costs (including gas, vehicle maintenance; excluding vehicle purchase, staff time to drive it) - Health and Medical Services - Mental Health Services - Substance Abuse Services - Employment Referrals/Counseling - Housing Referrals - Life Skills Training - Legal Services - Job Training - Contract with Soup Kitchen - Child Care - Bus Passes to Homeless - Homeless Prevention (See Notice) - Short term subsides to help defray rent and utility arrearages for families faced with eviction or termination of utility services. - Security deposits or first month's rent to enable a homeless family to move into their own apartment. Other: 0006 112-3 to Operations/Services Activities Form (Page 4 of 6) 9. How many different persons use the shelter per day, on average? Peak Season 40 Persons Off-Peak Season 20 Persons 10. Estimate the number of persons who use the shelter or services each day during peak and off-peak seasons of shelter operation. Peak Season Off-Peak Season Lodging: 40 Persons Lodging: 20 Persons Served Meals: 100 Persons Served Meals: 100 Persons Provision of Services: Persons Provision of Services: _ Persons Referral for Services: 25-30 Persons Referral of Services: lQ-15 Persons Other (Specify ) : Persons Other (Specify Z ) : Persons Medical Services Day Shelter 11. Describe the types and circumstances of your average clients. See attached report. 12. Estimate and briefly explain the impact of ESGP-assisted Operations and Services funds on the shelter's assistance to the homeless. Please include persons served and level of service provided where possible. ESGP funds have supported the renovation of the new kitchen/shelter facility due to open May, 1, 1990. Additionally, these funds have purchased needed equipment for the kitchen and shelter, provided clothing, medical care, as well as assisted individuals in leaving the shelter to permanent residences. 13. How many months of the year is your facility now open? 12 Months How many days of the week? 7 Days How many hours per day? -Tr- Hours 24 hours beginning 5/1/90 14. If ESGP funds will enable you to increase the time your shelter is open, please explain. The shelter has plans to expand hours to 24 hours a day in the newly renovated facility beginning May 1, 1990. ESGP funds will help support increased operational and maintenance costs required for this exnansion. 15. List the sources of funding and resources In your present budget and their amounts. Local Government $ 30,000 Volunteer Time 143,940 Federal/State Funds sn,00n In-Kind Contributions 108,000 Private Contributions ?9,000 Institutional Contributions Other (Specify inve gients ) 61000 TOTAL $ 366,940 ESGP #112-4 (3/90) 11 Operations/Services Activities Form (Page 5 of 6) 16. What assurances do you have that the resources cited in Question 15 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters 24 CFR 576.73) The Inter-Faith Council has been in existence for approximately twenty-six . years and has continuously provided service to low income citizens of this community. Private contributions and donations as well as local government support has steadily increased over the past years and is anticipated to continue. 17. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant. (approximately May 10 - November 6, 1990). Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Refer to page 8 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds 5 5Q,0Q0 Staff Salaries 511 nnn Volunteer Time 194.onn Donated Material ,non Donated Buildings 30,000 Other (Specify _) TOTAL $ 297,000 18. Will all ESGP funds your organization receive be expended within 180 days of the date ESGP funds are available to your local government? How? Yes X No If not, when All operation expenses outlined are scheduled to occur during the prescribed 180 day period. 19. Is the shelter organization a primarily religious organization? (See 24 CFR 576.21) Yes No X 20. How will the shelter comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? N/A 21. What is the street address of the building to be assisted? 100 W. Rosemary Street, Chapel Hill, N.C. 27514 ESGP #112-5 (Revised 3/90) 12 Operations/Services Activities Form (Page 6 of 6) 22. Row will the shelter meet the federal requirement for publicizing the nondiscriminatory operation of the shelter (See 24 CFA 576.79)? SEE BELOW 23. If ESGP funds will be used for homeless prevention, please explain. ESGP funds will be used for homeless prevention through the services category for rent/utility assistance to prevent eviction. 22. All shelter activities are presently publicized through all local community non-profit agencies, the Inter-Faith Council newsletter, and all local government departments. Additionally, the local newsletter, media as well as the Public Television Station at Chapel Hill (WUNC) has been willing to advertise and promote shelter activities for Inter-Faith Council. These methods will ensure that the entire community is aware of the availability of the Community Shelter services in a non- discriminatory basis. ESGP 0112-6 13 I, IFC Shelter Report January 1, 1989 - December 31, 1989 To: Shelter Steering Committee From: Mike Frawley Re: Shelter report for 1989 (year-end report) 354 guests were provided 7,837 units of service (1 night per guest is 1 unit of service). Of the 354 guests, 244 had never stayed in the Shelter before. During 1988, 281 guests were provided 8,215 units of service. The decrease in number of units of service from 1988 to 1989 is due to the re- duction in bed capacity that occurred with our move to temporary facilities on Aug. 11, 1989. Sex Race Number # of ffi of - Origin Guests nights Female • Black 25 White 28 Carrboro 24 973 Hispanic 0 Chapel Hill 102 3798 Oriental 1 Orange County 19 382 Native Amer. 1 North Carolina 113 1749 Out of state 84 890 Male Black 126 Undocumented 12 45 White 136 Hispanic 22 Oriental 0 Native Amer. 2 Undocumented 13 Referring Agency # Cause for Homelessness # IFC 164 Substance abuse/Alcoholism 47 Police (outside CH-C) 4 Mental illness 35 Other Shelters 5 Evicted 39 Police Social Worker/ Family problems 29 Carrboro Police 24 Transient 44 NCMH 19 New arrival seeking work 75 Friend / Shelter Guest 40 Released prisoner/Probation 9 Relative 9 Lost Job 5 Dept. of Social Services 2 Physically disabled/mental OPC Mental Health Center 4 retardation 5 Probation Officer 4 Dependent child of shelter Bus Station 3 guest 16 Veterans Hospital 1 Came to area for treatment Street 33 facility 15 AA/Detox 2 Transportation problems 5 Congregation 5 Other or undocumented 30 Other Agency 17 - Undocumented 18 ORANGE COUNTY BOARD OF COMMISSIONERS 1 � ,, Action Agenda Item No. V- D ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 SUBJECT: Health Department Fee Schedule for Community Screening Service DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X 311 Proposed fee schedule and background information. TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To establish fees to be charged to company's and organizations requesting health department community screening services through the health promotion and adult health programs. BACKGROUND: The health promotion and the adult health programs of the Orange County Health Department are called upon to provide screening and educational services in the community similar to the services offered to county employees through our health promotion program, "Health Yourself". Such screening programs have already occurred in both school systems, several churches, one private company and a number of health fairs. In each case, the sponsoring organization agreed to cover the costs that were not planned in the health department budget. Because the supply and other expendable materials necessary for these screenings have not been budgeted, the attached service fees have been established to cover the cost. Fee structures from other departments are attached to demonstrate that these fees are compatible with other, similar programs. These fees were approved by the Orange County Board of Health at its' regular meeting on September 28, 1989. The feasibility of providing this service to non-profit agencies without a fee was considered. However, the service is not mandated and funds have not been budgeted for this purpose. Therefore the fees must be universally applied. RECOMMENDATION(S) : Approve the proposed fees. • p-ge 2 Proposed Fee Schedule for Community Screenings The Orange County Health Department provides health promotion consultation and screening services to Orange County businesses , churches and other groups . The following fee schedule has been developed by (1) surveying other counties who offer similar services to their community businesses and organizations , and ( 2) 'by assessing the cost of supplies for the service . Health Risk Appraisal $10 . 00 Includes computer printout and interpretation . Cholesterol ( Reflotron) $ 5 . 00 This fee has already been approved . Blood Pressure $ 13 . 00 This fee has already been approv-ed . Hematocrit , . . $ 3 . 00 This fee has already been approved . Guaiac (occult blood in stools) $ 4 . 00 This includes 3 packet kit and follow-up if abnormal . Blood Glucose $ 3 . 00 This included interpretation and educational material . Immunizations : Adult Tetanus/Diphtheria $ 1 . 00 Available to 10 or more in a group . per person Health Promotion Education - Classes $30 . 00/hr . This includes lectures , clinic , workshops in the following areas : Smoking Cessation Stress Management Nutrition Information Weight Management Fitness Etc . Cooking classes would require an additional cost for ingredients . Consultant Services 1st hour free ; thereafter , $10 . 00/hr . • Page 3 FOR YOUR INFORMATION: HEC" KLENBURG COUNTY - Pr ram: ' eu ationa ' Wellness Screening: Health Risk A height/weight, and cholesterol . This aincludes oad private Pressure, follow-up session. . . . . . . " " • • • • • • • • • .#12.00/Person Fitness Screening: Strength testin g' flexibility (Sit-and- Reach) height/Weight , blood test (Step Test ) . . . . . . . . . . . . pressure, and cardiovascular • . .#12.00/Person Cholesterol Screening. . . . . . . . . . . . . . . . . . . . . . . .# 6.00/Person Immunization: Adult Tetanus-Diphtheria. . . , • , $ 1 .00/Person Health Promotion Workshops. . . , . . • . . . . . . . . . . . . . . . . . . .#60.00/hour CRAVEN COUNTY - Pr am: Back t Basics' Wellness Screening Package: Health Risk A Cholesterol , Blood Pressure, height/weightsal , interpretation. . . . . . . . private . . . . . . . . . . . . . . . . . .;15.00/person Cholesterol . . . . . . . . . . . . . . . . . . . . .$ 5.00/Person Health Promotion Education Classes on nutrition, smoking cessation, stress management, etc. . . . . . . . . . . . . . . . . . . . . . . . .# 1 .50/Person/class Weight Management Course. . . . . . . . . . . . . . . . . . . . . ($8.00 refunded if participant attends allOclasses)on Healthy Cooking (6 classes, 2 hour @) . . . . . . . . Smoking Cessation $15.00/person(4 classes) . . . . . . . . . . . . . . . .# 5.50/Person mEM. page 4 CARBARRDS COONTY _ pr ra*- "Lea into Life" Comprehensive wellness packet includes, HRA, Cholesterol blood pressure, height/weight, hemoglobin, glucose hemocult , individual follow-up. (Cost is based on 100 people and includes developing interventions with company) Cholesterol , blood pressure, HRA, follow-up consultatio0n. (Cost is for individuals) "Reach for Bea th" GUILFORD COUNTY - Pr ram: Health Risk Appraisal and interpretation $10.00/person $ 5.00/person Cholesterol. ► $ .50/person Blood Pressure 1 .00/person Hemocult 1 .00/person Glucose ALAWANCH COUNTY - pr am: Wellness Watch: 19 8-1989 ees Health Risk Appraisal and interpretation 00.'00/person Cholesterol , Blood Pressure $ 3.00/person $ 3.00/person Guaiac (3 packets) 2.00/person (sugar) $10.00/hour Consultation/professional Service each staff member • page S Costs * for medical supplies and educational material : Cholesterol: Guaiac_ Lancet $ .06 lool wipe .01 1 complete kit ( includes Reflotron 1 .25 3 slides, 3 sticks, and gauze .02 test $ 3.30 gloves (2) .20 literature sheet bandaid .03 $ 3.50 literature .50 $ 2.07 HMatocrit:, O_riaal04: Lancet $ -.96 Sterilized Cup $ . 14 gauze .02 Multi-st ix-7 cottonballs .01 .22 bandaid .03 gloves (2) 2 crit tub's .04 $ .56 gloves (2) • $ .36 Blood Glue: Blood Pressure: Lancet $ • p6 gauze .02 literature (varies) cottonball .01 Chem-Strip BG .46 bandaid .03 gloves (2) .20 literature 0 Adul# : $ .98 serum free syring .13 literature ? $. 13 . *price for one test/shot. 1 � ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2,- 1990 Action Agenda Item # V- E SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT (SECTION 2 .3 . 3 .2 - BOARD OF ADJUSTMENT ADMINISTRATION) DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Extension 348 County Attorney Letter Proposed Amendment 2/26/90 Draft Public Hearing Minutes TELEPHONE NUMBERS: 3/19/90 Draft Planning Hillsborough - 732-8181 Board Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance to reference that the Board of Adjustment meeting is subject to the Open Meetings Law. BACKGROUND: The proposed amendment provides a reference to the portion of the General Statutes pertaining to Open Meeting Laws (G.S. 143-318.9 et seq) . This portion of the General Statutes includes the purposes for which a public body may hold an executive session and exclude the public. The amendment to Section 2 .3 .3.2 was presented at public hearing on February 26, 1990. No citizen comments were received at that time. The Planning Board recommended approval of the proposed amendment to Section 2 . 3. 3.2 of the Zoning Ordinance in their March 19, 1990 meeting. RECOMMENDATION: The Administration recommends approval as per the Planning Board recommendation. COLEMAN, BERNHOLZ. BERNHOLZ, GLEDHILL & HARGRAVE RECEIVED NOV s MB 2 ATTORNEYS AT LAW P.O. DRAWER 1529 129 E. TRYON ST. HILLSBOROUGH. NC 27278 919-732-2196 November 2, 1989 919-929-8000 FAX 919-732-7997 CHAPEL HILL OFFICE SUITE 300,THE CENTER Kr Marvin Collins 1506 E. FRANKLIN STREET CHAPEL HILL.NC 27514 Director 919.9294151 Oran a County Plannin De artment FAX 919-929-7E92 3O6 ' Revere Road g p SCE ZOAE.COLEMAN.H .. Hillsborough, North Carolina 27278 ROGER B. BERNHOLZ GEOFFREY E_GLEDHILL Re: Board of Adjustment Procedures DOUGLAS HARGRAVE G. NICHOLAS HERMAN KIM K.STEFFAN Dear Marvin: NATHANIEL E. CLEMENT MARILYN E.TOMEI JOEL WEBSTER • g While reviewing the Zoning Ordinance and Board TERRY G. HARK g JANET B. DUTTON of Adjustment procedures I noticed references in both REX T.SAVERY,JR. to the meetings of the Board of Adjustment being open Of counsel to the public. A more accurate statement should be BONIER D.1SSAWYER that the meetings are subject to the Open Meetings Law with a citation to the Open Meetings Law. There is at least one other typographical error in Section 2. 3. 3.2 of the Zoning Ordinance. I recommend that Section 2.3.3.2 be rewritten as ' follows with a corresponding change to the Board of • Adjustment Procedures: 2.3.3.2 All meetings of the Board shall be conducted in compliance with the North Carolina Open Meetings Law, North Carolina General Statutes §143--319 .9 .. et seq. The Board shall give public notice of its meetings also as provided .in the Open Meetings Law. Notice shall be given to Board of . . _ Adjustment members as provided in the. . .. --- -= _ Rules of Procedure adopted by the Board. - g • Adjustment can omake it clear that the Board of - = - - This- chap a will` _- into executive session for appropriate purposes. Enclosed is a copy- of - pertinent provisions of the Open Meetings Law for your 77.7 information. Note particularly the public notice _. _ _ ... .. requirements which must be carefully followed.- - -- Very `--uly yours, e_ xfre E Gledhill GEG/lsg Enclosure 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: BOARD OF ADJUSTMENT ADMINISTRATION SECTION 2 .3.3 .2 ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public x_ Other: County Attorney STAFF PRIORITY RECOMMENDATION: High Middle _x^Low Comment: EXPECTED PUBLIC HEARING DATE: February 26, 1989 PURPOSE OF AMENDMENT: To amend Section 2 . 3.3 .2 of the Zoning Ordinance to reference that the Board of Adjustment meeting is subject to the Open Meetings Law. IMPACTS/ISSUES: The proposed amendment provides a reference to the portion of the General Statutes pertaining to Open Meeting Laws (G.S. 143-318. 9 et seq) . This portion of the General Statutes includes the purposes for which a public body may hold an executive session and exclude the public. - The proposed amendment reflects an existing state law, and is not a substantive change to the Ordinance, It will, however, provide for a specific reference to the General Statutes in the event that the appropriateness - - or legality of an executive session is questioned. EXISTING ORDINANCE PROVISIONS: - T— --- 2 .3.3.2 All meetings of the Board shall be opt to the public and the Board shall be given as required by Chapter 143 Article 33-C of the North Carolina _ Statutes G.S. 143 318. 11ET.SEQ. , as amended. _ PROPOSED AMENDMENT: - -. 2.3 . 3 .2 All meetings of the Board shall be conducted in compliance with the North Carolina Open Meetings 4 Law, North Carolina General Statutes G.S. 143. 318.9 et seq. The Board shall give public notice of its meetings also as provided in the Open Meetings Law. Notice shall be given to Board of Adjustment members as provided in the Rules of Procedure adopted by the Board. ****************************** ORDINANCE REVIEW SUBCOMMITTEE: 12/20/89 The Ordinance Review Committee recommended approval and commented that the amendment only makes provisions of State statutes more clear, and does not inc lude any substantive change. PLANNING BOARD REVIEW: BOCC REVIEW: 3 �� � . r ► E 5 :////// _ wJj :2 . . . .�. �;�. 1 returning westward along US 70 E. , south on Lawrence Road and west on Old US 70 E. to Old 2 NC 86 (Churton Street). Included in Route 5 are Joppa Oaks, Byrdsville, Strayhorn Hills, 3 Colonial Hills Mobile HOme Park, Colonial Hills Subdivision and Piney Grove and Valley 4 Forge Roads. Route 2_ Durham encompasses an area beginning at the Durham County-line on 5 Ebenezer Church Road, south along Pleasant Green Road to US 70, and includes the following 6 subdivisions: Country Lane Estates, Pleasant Green Estates, Meadow Estates;-Brigadoon; 7 and Meadows of Eno. The following roads are also included: Knight Drive, Deerwood Lane, 8 Cole Mill Road, Jones Homestead Road, Cabe Ford Road, Willett Road, Laurel Ridge Road, 9 Linden Road, and US 70 from Linden Road east to the Durham County Line. 10 11 THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING BOARD, OR 12 CITIZENS. -. - _. . --- -- 13 . 14 A motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis, to 15 approve the house and building numbers for Rural Route 2, Durham and Rural Route 5, 16 Hillsborough, followed by notifications of the Hillsborough Postmaster, the Durham 17 Postmaster and the N.C. Department of Transportation, as required by G. S. 153A-240. 18 VOTE: UNANIMOUS 19 20 2. Zoning Ordinance Text Amendments 21 22� a. Article 2.3.3.2 Board of Adjustment Administration 23 This presentation was made by Mary Scearbo. In summary this item was 24 presented to receive citizen comment on a proposed amendment to the Zoning Ordinance to 25 reference that the Board of Adjustment meeting is subject to the Open Meetings Law. The 26 proposed amendment provides a reference to the portion of the General Statutes pertaining 27 to Open Meeting Laws (H.S. 143-318.9 et seq). This portion of the General Statues 28 includes the purposes for which a public body may hold an executive session and exclude 29 the public. 30 31 THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS, THE PLANNING BOARD 32 OR CITIZENS. 33 34 b. Article 7. 14.4 Density Bonus for Affordable Housing 35 This presentation was made by Mary Scearbo. In summary this item was 36 presented to receive citizen comment on a proposal to provide incentives for the 37 development of housing affordable to low and moderate income families. The Report of the 38 Low-Moderate Income Housing Task Force, completed September, 1987, included a 39 recommendation to amend the Zoning Ordinance to increase incentives for new construction 40 of low and moderate-income housing. The proposed amendment provides such an incentive 41 by offering a density increase when affordable housing opportunities are created by a 42 developer. The density bonus provisions apply only to Planned Developments located 43 outside of a protected watershed, and could be applied in one of several ways: 44 1) A density increase of up to 25% if a percentage of the units or lots are sold or rented 45 to low or moderate income households. 46 2) A density increase of up to 25% if off-site land area is donated to Orange County for z7 future development of an equivalent number of affordable units. 48 3) A 50% density increase if all of the lots/units are reserved for qualifying households. 49 50 Occupancy would be restricted by a contractual agreement with the Orange County Department 51 of housing and Community Development, and should be binding for at least 15 years. 52 6 1 . Access to lots 2 and 4 shall be restricted to the new subdivision road. 2 . Obtain approval and record the plat of the minor subdivision submitted for the Wayne Jordan property east of lot 6, or include that parcel in the preliminary plan for the major subdivision. 3 . Dedication of recreation/open space to Orange County including a 30-foot pedestrian access easement from the cul-de-sac to the dedication. 4. Record the plat for recombination and division of the adjacent 10-acre tract which was approved on 1/24/90. T—) M Q AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (2/26/90) a. Zoning Ordinance Text Amendments (1) Article 2 . 3 .3 .2 - Board of Adjustment Administration No presentation was required. (A copy of the abstract information an attachment to these minutes on page . ) (2) Article 7 . 14.4 - Density Bonus for Affordable Housing (To be considered at 4/10/90 Long-Range Mtg) b. Subdivision Regulations Text Amendments ( 1) Section IV-B-8-e/g - Schedule of Required Land Use Buffers/ Waiver of Buffer Requirements No presentation was required. (A copy of the abstract information an attachment to these minutes on page • ) (2) Section III-D-1-b - Planning Department Review Procedures (Major Concept Plans) D 111 7 Presentation by Emily Crudup. This proposal would provide adequate time for staff review of major subdivision Concept Plans . The Subdivision Regulations require that Concept Plans for Major Subdivisions be presented to the Planning Board within 45 days of acceptance of the application. This time limit does not always allow sufficient time for staff review and preparation of a report to the Planning Board. The proposal presented at public hearing on February 26 included a minimum time period of 30 days between project submittal and its presentation to the Planning Board. The Board of Commissioners as well as several citizens were opposed to amendments which would increase time involved in processing major subdivisions. To address these concerns, the Planning Staff proposes that the amendment be modified to require that the Planning Department complete its review of the Concept Plan within 21 days after it is accepted. The recommendation to the Planning Board would be presented at the first regularly scheduled Planning Board meeting after the 21 days. The effect of the proposal would be to move the application deadline back by four days. The Planning Staff recommends approval of the proposed amendment. Crudup continued that most applicants meet with the Planning Staff prior to submitting concept plans . This contact usually provides the applicant with any additional information needed for a concept plan to be accepted. Best expressed concern that the proposal presented at public hearing was thirty days rather than twenty-one which would require another public hearing. Collins responded that since this proposal was less restrictive than the one presented at public hearing another hearing would not be required. Best continued expressing concern that the 8 D Planning Staff would have less time to review and consider the concept plans. Crudup responded that previously Planning Board action was included in the time frame so this could actually give the Planning Staff more review time than before. Collins noted that with abstracts being revised until final agenda preparation, he felt the time frame proposed by the Planning Staff to be sufficient. Best noted that the Board of Commissioners was concerned that plans be expedited and not be held up unnecessarily. He continued that he was concerned that sufficient time be allotted so that plans would be complete and important items not be missing when the concept plans are submitted to the Planning Board. He felt this would not be a help to the applicant/developer. MOTION: Best moved approval of Agenda Items 10 a(1 ) , Zoning Ordinance Article 2 . 3 . 3 .2 - Board of Adjustment Administration, 10 b( l) , Suubdivision Regulations Section IV-B-8-e/g Required Land Use Buffers/Waiver of Buffer Requirements, and 10 b(2) , Subdivision Regulations Section III-D-1-b Planning Department Review Procedures (Major Concept Plans) as recommended by the Planning Staff . Seconded by Reid. VOTE: Unanimous . AGENDA ITEM #11: MATTERS HEARD AT PUBLIC HEARING (2/28/90) a. Special Meeting - March 28, 1990 ORANGE COUNTY 9 PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: March 19, 1990 Action Agenda Item #_ 10-a - SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT (SECTION 2 . 3 . 3 .2 - BOARD OF ADJUSTMENT ADMINISTRATION) DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk County Attorney Letter Extension 348 Proposed Amendment 2/26/90 Draft Public Hearing Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance to reference that the Board of Adjustment meeting is subject to the Open Meetings Law. BACKGROUND: The proposed amendment provides a reference to the portion of the General Statutes pertaining to Open Meeting Laws (G.S. 143-318. 9 et seq) . This portion of the General Statutes includes the purposes for which a public body may hold an executive session and exclude the public. The amendment to Section 2 . 3. 3.2 was presented at public hearing on February 26, 1990. No citizen comments were received at that time. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment to Section 2 .3 .3.2 of the Zoning Ordinance. 10 ORANGE C O U N T Y PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: March 19 , 1990 Action Agenda Item # 10-b-( SUBJECT: PROPOSED TEXT AMENDMENTS - SUBDIVISION REGULATIONS (SECTION IV-B-8-e-3 SCHEDULE OF REQUIRED LAND USE BUFFERS SECTION IV-B-8-g WAIVER OF LAND USE BUFFER REQUIREMENTS) DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Extension 574 Proposed Amendment 1/26/90 Letter from Town of Chapel Hill TELEPHONE NUMBERS: 2/26/90 Draft Public Hearing Hillsborough - 732-8181 Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider proposed amendments to Section IV-B-8 of the Subdivision Regulations, Landscaping and Buffer Requirements. BACKGROUND: Two amendments are proposed for rSection nlIV-B-8 of the Subdivision Regulations. The interpre- tation of the Schedule of Required Land Use Buffers as it applies to subdivisions in the unzoned townships . The second amendment to Section IV-B-8 will clarify the purpose of the buffer waiver provisions and extend the scope of IV-B-8-g to include waivers for other landscape requirements contained in the Subdivision Regulations. The amendments to Section IV-B-8 were presented at public hearing on February 26, 1990 . No citizen comments were received at that time. RECOMMENDATION: The Planning Staff recommends approval proposed amendments to Section IV-B-8 of the Regulations . NMI 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. N44:7 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2 , 1990 SUBJECT: ACCEPTANCE OF FINAL AIRPORT REPORT/CLOSE OUT OF PROJECT DEPARTMENT: PURCHASING/CENTRAL SRVS. PUBLIC HEARING YES: NO: XX ATTACHMENT(S) : INFORMATION CONTACT: Pam Jones REPORT ( under separate cover ) ext 498 Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To accept the final report regarding the airport proposed in Orange County and to authorize Purchasing Director to close out the project with the State of North Carolina. BACKGROUND: In late 1988 the Board of Commissioners authorized a feasibility study of siting a new general aviation airport in Orange County. In May, 1989 the Board determined there was no such appropriate site and the process was halted. The engineering firm of Wilbur Smith Associates provided services associated with the potential siting. It is required that the Board accept their final report in order that the paperwork can be filed with the NC DOT-Aviation and the project closed out . RECOMMENDATION: Accept final report ; and authorize the Purchasing and Central Services Director to file the necessary paperwork to close out the project . O R A N G E C O U N T Y l BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 Action Agenda Item # _A SUBJECT: County Government Week DEPARTMENT: Personnel PUBLIC HEARING: Yes No ATTACHMENT(S) : INFORMATION CONTACT: Addie Wright Turner TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To proclaim April 23-27, 1990 as Orange County Government Week and endorse activities to be held throughout the week. BACKGROUND: The National Association of County Commissioners and the North Carolina Association of County Commissioners strongly encourage local municipalities to celebrate county government week in an effort to educate citizens about county government. Many special educational activities, as well as a Volunteer Appreciation reception will take place during this week. RECOMMENDATION: Adopt the Proclamation and Endorse Planned Activities. 2 PROCLAMATION WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have urges citizens across the state to learn more about county government' s role in our lives and to be more involved as county citizens' and WHEREAS, Orange County government has served the citizens of the county since 1752 and we are responsible for a growing number of services which have direct impact on local citizens; and WHEREAS, the elected and appointed officials in county government take great pride in serving the citizens of the County and in being directly involved in shaping the future; and WHEREAS, in Orange County the volunteer spirit is still alive and well and the volunteers serve as our partners in progress; and WHEREAS, through their volunteer involvement, citizens learn more about community needs and resources and serve as communications links to the entire community. NOW, THEREFORE, we the Board of Commissioners do hereby proclaim the week of April 23 through April 27 , 1990 , as Orange County Government Week, and reaffirm our support and appreciatio of the valuable contributions of Volunteers in the County. And, further urge all citizens to become more familiar wish county government. This the 2nd day of April , 1990. By: Moses Carey, Jr. , Chair Orange County Board of Commissioners 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. VI-8 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 SUBJECT: Proclamation for Senior Games DEPARTMENT: PUBLIC HEARING: Yes xx No Recreation & Parks ATTACHMENT(S) : INFORMATION CONTACT: Copy of Senior Games Proclamation Wilma K. Tinney TELEPHONE NUMBER: Ext. 2669 Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane -- 227-2031 Durham - 688-7331 PURPOSE: To request that the Orange County Board of Commissioners proclaim the week of April 23-28, 1990, as Orange County Senior Games Events Days, and encourage citizens over the age of 55 to participate in the Games. BACKGROUND: Orange County Senior Games is a year-round wellness program for persons age 55 and older, sponsored by: Orange County Recreation & Parks, Orange County Department on Aging, Chapel Hill Parks & Recreation, and Carrboro Recreation & Parks. The program is funded through these agencies, donations from the community, and participant fees. RECOMMENDATION(S) : Approve as presented. 2 PROCLAMATION Whereas, According to recent population figures, there are almost 14,000 persons over 55 years 'of age in Orange County; and, Whereas, Orange County is concerned about the health, fitness, and social well-being of its older adult population; and, Whereas, Orange County Senior Games provides a special opportunity for older adults to grow positively in the areas of health, fitness, and social well-being; and , Whereas, Orange County would like to encourage local business and resident support and participation from county residents age 55 and older; NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners declares April 23-28, 1990, as Orange County Senior Games Events Days and encourages citizens age 55 and over to participate. Moses Carey, Chair Date ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 2, 1990 Action A enda Item # SUBJECT: PUBLIC HEARING DATE - TRANSPORTATION/THOROUGHFARE PLANS DEPARTMENT: PLANNING PUBLIC HEARING Yes _x,No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell - Minutes of 1-6-90 Goal Setting Retreat - Draft 5-16-90 Public Hearing TELEPHONE NUMBERS: Schedule Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider setting a date for a public hearing on Phase I components of the Transportation Plan. BACKGROUND: The Transportation Advisory Subcommittee (TAS) has been working with staff and the consulting firm of Kimley-Horn for the past year to produce Phase I of the Transportation Element of the Orange County Comprehensive Plan. Phase I components include: - County-Specific Road Classification System - Collector/Subcollector Road System - Private Road Standards and Policy - Review Article 13 (Traffic Impact Study) of the Zoning Ordinance In addition to the above, the TAS has also been reviewing the Hillsborough and Durham-Chapel Hill- Carrboro (DCHC) Thoroughfare Plans, neither of which have been endorsed or adopted by Orange County. The Hillsborough Plan has been adopted by the Town and State Board of Transportation and the Carrboro component of DCHC has likewise been adopted. Chapel Hill will be having at least one more public hearing (probably sometime in May) before taking final action. 2- At the County Commissioners annual goal planning retreat on January 6, 1990, early April was identified as the preferred time for a special public hearing on the above items (see attached minutes) . Upon reviewing all items to be considered, the TAS determined that late April was the earliest all items could be readied for public hearing. A schedule of activities leading to a special public hearing on April 30 was developed, but it was subsequently learned that this would conflict with the Public Private Partnership Conference. The TAS feels that a meeting on May 29, a scheduled quarterly public hearing date, would allow more time for citizen/advisory board comment. However, a number of proposals, including Rural Character strategies, ordinance simplification, a revised environmental impact ordinance, and house numbering assignments, may be considered at the May 29 meeting. Thus, the number of issues to be considered may result in a lengthy, complex hearing. A special public hearing date during the second or third week of May may be preferred. Attached for the Board's consideration is a proposed schedule of activities leading to a May 16 public hearing. RECOMMENDATION: DK10:5-16PH.DOC 1-6-90 BOCC Goal Setting Retreat 3 The RCS will go to the Planning Board before going to the Board of Commissioners. It will go to public hearing in May. Chair Carey stated that regarding the authority to purchase development rights -- the County needs to develop a plan to move ahead with farmland preservation. The purchase of development rights is one defined way of doing that. A clearly definable way would need to be created to finance these purchases. GOAL: development of a plan to use that authority for the purpose of purchasing development rights for farmland preservation. Commissioner Willhoit asked if there is anything in the Rural Character Study regarding transfer development rights for preserving land. It would be premature to talk about purchase of development rights if we are going to endorse transfer of development rights. It is expensive to purchase development rights. Chair Carey stated that these impact on one another. We have the authority for one but not for the other. There is a great difference in cost but there would compliment each other. We ought to include TDR in our rural character recommendations. We may not get the authority to pursue a TDR program. We need to define PDR and develop the program and then go out for a bond issue in later years. We need to let the public tell us if this is something they will invest in. Planning Board member Chris Best spoke as a member of the subcommittee for the Transportation Advisory Committee. They have been working one year on Phase I of the transportation element of the comprehensive plan. The Private Road Standards are ready but they tie in with the watershed and the Rural Character Study. We will hold off until we get more information on the recommendations from the RCS and the watershed standards that will be implemented permanently. The Transportation impact analysis is ready to go forward. They are also working on a County Road Classification System and a collector - sub-collector system. This will have direct impact on areas in the watershed and the RB area. The committee would like to take this Phase I to public hearing along with the thoroughfare plans for Durham-Chapel Hill-Carrboro and Hillsborough and Orange County. Chair Carey indicated that the final recommendations would need to be considered in the thoroughfare plan. That plan has not been brought back to the Board. The report was received from DOT and we need to get public response. Commissioner Willhoit noted that the County needs to call for a modification of the plan before having a public hearing. Our conclusion is that DOT is not responsive to the public hearings that have been held, the EDC, watershed protection etc. These need to be considered on a regional basis. Commissioner Halkiotis stated we need to take the initiative and go forward. He asked John Link for an update. We have received a map of the interchange and the county engineer and the planning department has been reviewing it. It is scheduled to go to the Planning Board and then to the B/C the second meeting in February. Paul Thames noted that there were no changes made in the plan. Betty Eidenier sited a situation in which a culvert would be used to access - 4 . a recreational area. Chris Best stated that if the County took the lead and had another public hearing on all three plans including the interchange at Efland and the freeway, they could talk about how it ties in. DOT is anxious for the County to approve the County's Thoroughfare Plan. Commissioner Willhoit asked that the planning staff outline what they feel it should be in terms of the freeway and our development goals of Land use Planning goals for Little River and the Rural Buffer. Commissioner Hartwell stated that the plan now shows that Ben Johnston Road would go all the way to four-lane highway 70 and the passageway under 85 would be closed. Both these are different from what the Hillsborough plan was. DOT said that if the duct was put under 85 on the Hillsborough Thoroughfare Plan that they would assure us that it would remain there. He proposed Ben Johnston out to 70 saying it was the one good piece of highway in the whole planning area. Commissioner Hartwell does not agree with either one of these changes., We may need to point out to DOT that the proposal does not conform to the Hillsborough Thoroughfare Plan. DOT indicated they could make modifications without going back to public hearing. Chris Best suggested having a public hearing and sending the comments to DOT. Commissioner Willhoit noted that the Board knows what they don't like about the DOT proposal. He asked how long it would take staff to develop a document to show what they do like about the document. Marvin Collins noted that the public hearing on the watershed would be February 26. He suggested a special public hearing between February and May. Chair Carey indicated a special public hearing in early April would be desired. John Link stated he would make a recommendation on what to include in that public hearing and report back to the Board in March. Barry Jacobs emphasized that in the RCS the travel time and traffic volume issues were being considered. They will look at the notion of a hamlet with the idea to encourage office-institutional so to reduce travel time and have less of an impact on the surrounding community. They will consider the impact of minor subdivisions. Chris Best stated they are working on developing a buildout on all roads and also the travel time to the main roads. The committee has finished phase I and would like to move ahead to Phase II which will involve rail and bikeways as well as take the data we have gathered on the road classification study and determine where buildout may occur and also consider the issue of scenic highways. The data has been collected and it will need to be brought together to be used as a guide for all our ordinances. The money for Phase II did not get approved last year but the committee is ready to move ahead with Phase II. Chair Carey indicated a decision will be made on whether to include money in the next budget for this work. rr� 5 GOA - COMPLETE REVIEW OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) THOROUGHFARE PLANS. TIrCTAaiZ To present Thoroughfare Plans at late march public hearing. PLAN OF ACTION A. Work with Durham/Chapel Hill/Carrboro, Orange County and Hillsborough staff Ongoing to reach a consensus on a combined thoroughfare plan. B. Transportation Advisory Committee review resulting thoroughfare plan and make January - recommendations February 1990 C. Planning Board review and make recommendations with input from EDC and Township February 19, 1990 Advisory Councils. D. Report to Board of County Commissioners by Planning Board and EDC. Set a hearing March 5, 1990 date. E. Present recommendations at public hearing with input from citizens, municipalities March 1990 and NCDOT. ff i DRAFT COMPREHENSIVE TRANSPORTATION PLAN - PHASE I May 16 Public Hearing 1 . Wed. , March 14 - TAS meeting to discuss Orange County, DCHC, and Hillsborough thoroughfare plans . 2 . Mon. , March 19 - Oral report to Planning Board on 3-14 meeting. 3. Mon. , April 2 - County Commissioners approve public hearing notice. 4. Wed. , April 4 -- TAS meeting with County Attorney and Erosion Control Officer to finalize discussion on private roads. 5. Thu. , April 5 - Hillsborough Planning Board review/ recommendations . 6. Wed. , April 11 - TAC review/recommendations . 7 . Thu. , April 12 - Economic Development Commission review/ recommendations. 8. Mon. , April 16 - Preliminary Planning Board review. 9 . Tue. , April 17 - TAC review/recommendations . 10. Wed. , April 18 - TAC review/recommendations . 11 . Tue. , April 24 - TAC review/recommendations . 12 . Wed. , April 25 - TAC review/recommendations . 13 . Fri. , April 27 - Hearing notice to newspapers . 14 . Wed. , May 2 - Publish hearing notice (first time) . 15 . Wed. , May 2 - TAC review/recommendations . 16 . Thu. , May 3 - TAC review/recommendations . 17 . Wed. , May 9 - Publish hearing notice (second time) . 18. Wed. , May 16 - Conduct Public Hearing. 19 . Wed. , June 6 - TAS recommendation to Planning Board. 20. Mon. , June 18 - Planning Board recommendation. 21. Mon. , August 6 - Decision by County Commissioners . DK10:5-16SCH.DOC .may. 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: A2ril 2 , 1990 Action Agenda Item # )( -S SUBJECT: Proposed Amendments - Joint Planning Area Land Use Plan - Joint Planning Agreement DEPARTMENT: Planning PUBLIC HEARING: Yes _X_No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Amendments Planning Director - Extension 346 Draft 3/28/90 Planning Board Minutes TELEPHONE NUMBERS: Chapel Hill 3/26/90 Resolutions Hillsborough - 732-8181 Carrboro 3/27/90 Resolution Durham - 688-7331 Mebane - 227-2031 NOTE: PUBLIC HEARING MINUTES Chapel Hill - 967-9251/968-4501 AND EVIDENCE RECEIVED AFTER THE HEARING ARE INCLUDED AS A SEPARATE ENCLOSURE. PURPOSE: To consider proposed amendments to the Joint Planning Area Land Use Plan/Text and Agreement. The proposed amendments are being made to implement, in part, recommended strategies for the protection of University Lake Watershed. The proposals were presented at public hearing on February 28, 1990. BACKGROUND: In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Following the release of the Final Report, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions, requesting that the Joint Chatham-Orange Work Group review the study and provide recommended strategies for its implementation. In October, 1989, the Work Group completed a proposed 13-point agreement on University Lake watershed protection. To implement the recommended strategies for watershed protection, the Work Group directed staff to identify 2 ,1• needed changes to the Joint Planning Area Land Use Plan/Text and Agreement. The following amendments are proposed: • 1 . A proposed amendment which incorporates descriptions of the basic strategies for protecting University Lake watershed as recommended by Camp, Dresser and McKee. Two options are presented for consideration. Option #1 is based on the land use control strategy recommended by CDM and the Joint Watershed Work Group. The basic provision of Option #1 includes a minimum lot size requirement of five (5) acres and a maximum density of one ( 1 ) unit per five (5) acres for any development. Option #2 is based on the structural best management practice approach recommended by CDM. It includes a minimum lot size of two (2 ) acres and a maximum density of one ( 1) unit per two (2 ) acres. In addition, on-site stormwater detention basins or ponds are recommended to trap pollutants on the site rather than allowing them to travel through drainage tributaries to the University Lake reservoir. 2 . A proposed amendment providing for a new land use plan overlay category - the University Lake Watershed Area - and alternative development patterns based on the recommended options contained in the University Lake Watershed Study. 3. A proposed amendment to reflect current County water and sewer extension policies and identify refinements being contemplated by the Joint Planning Area jurisdictions . 4. A proposed amendment to provide consistency between the wording of the Joint Planning Area Land Use Plan Text and Agreement by deleting the reference to the "overlay district designated Water Quality Critical Area" and substituting "overlay district designated University Lake Watershed Area" . A full description of the proposed changes is included in the attached information. On March 26, 1990, the Chapel Hill Town Council adopted two resolutions approving the proposed amendments with revisions/additions . The changes are for the purpose of incorporating provisions of the 13-point agreement in the Joint Planning Agreement and Land Use Plan and include: 1 . The requirement for a minimum of 5 acres • per dwelling unit, with up to 5 2-acre lots (or • equivalent overall density) allowed in parcels which were recorded as of October 2, 1989, and allowing development of lots less than 5 acres which were recorded as of October 2, 1989; 2 . Impervious surface limits of 4% for 5-acre lots and cluster developments, and 6% for 2-acre lots; and 3 . Prohibitions on extension of public water and sewer service and on new community alternative wastewater systems; studies are to be completed by April, 1991 on whether to allow public water service extension and whether to allow community alternative systems outside the most critical area of the watershed. On March 27, 1990, the Carrboro Board of Aldermen adopted a resolution approving the proposed amendments but with a provision to incorporate the 13-point agreement into the Joint Planning Agreement, including a sliding scale to accommodate the lower impervious surface restrictions . Neither of the revisions or additions to the Joint Planning Agreement and Land Use Plan approved by the municipalities were advertised or presented for consideration at the February 28, 1990 public hearing. At a special meeting on March 28, 1990, the Planning Board, by a vote of 7 to 4, approved a recommendation that the issues of impervious surface and lot size averaging as well as the means of addressing equity concerns (such as the purchase of land and/or development rights) be presented again at public hearing before all three jurisdictions. Until such time as this is accomplished, the Commissioners are urged not to adopt any standards regarding impervious surface • or lot size as part of the Joint Planning Agreement or Land Use Plan. RECOMMENDATION: The Administration recommends the approval of the proposed amendments to the Joint Planning Area Land Use Plan and Agreement as presented at public hearing with the following variation of Option #1 : University Lake Watershed Area The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low- density residential uses are permitted. A minimum lot size of five (5) acres and a maximum density of one ( 1) 4 • unit per five (5) acres is required for any development. Cluster subdivisions with lot sizes of • not less than one ( 1) acre are also allowed as well as the creation of a limited number (5) of two-acre lots. Option #2 is not preferred, since it would result in a proliferation of on-site (and possibly regional) wet water detention ponds which are expensive to build and maintain. The Administration further recommends that the Board of Commissioners authorize the Chair to sign a Joint Planning Agreement containing the amendments referenced above. The revised Agreement will then be forwarded to the Towns of Chapel Hill and Carrboro for consideration. A final recommendation is that the following proposals of Commissioner Willhoit and the Planning Board be pursued through the Intergovernmental Watershed Work Group: 1 . Committing to the public acquisition of land and/or the purchase of development rights to reduce future pollutant loading potential; 2 . Providing tax incentives for "environmental easements" patterned after agricultural use-value assessments; 3 . Determining the location of the majority of two- • acre and smaller lots and the use of structural BMP's in sub-basins serving existing small lot subdivisions; i.e. , East Prices Creek (Heritage Hills) and West Prices Creek (Chatham County) ; and 4 . Proceeding with the review and implementation of the 13-point agreement. As part of #4 above, consideration should also be given to lot size averaging alternatives and impervious surface ratio modifications . • 5 PROPOSED AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN • AND JOINT PLANNING AGREEMENT Listed below are proposed amendments to the Orange County/Chapel Hill/Carrboro Joint Planning Area Land Use Plan and Text. If adopted, the amendments would implement, in part, the strategies for watershed protection identified in the Final Report =University Lake Watershed Study dated March, 1989, and the basic strategies identified in the proposed 13-point agreement prepared by the Joint Watershed Work Group and dated October, 1989. Two options are presented for consideration. Option 11 is based on the land use control strategy recommended by Camp, Dresser & McKee (CDM) , the consultants who prepared the University Lake Watershed Study, and the Joint Watershed Work Group. The basic provisions of Option #1 include a minimum lot size requirement of five (5) acres and a maximum density of one (1) unit per five (5) acres for any development. Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the creation of a limited number (5) of two- acre lots. Option #2 is based on the structural best management practice approach recommended by CDM. Option #2 includes a minimum lot size of two (2) acres and a maximum density of one (1) unit per two (2) acres. In addition, on-site stormwater detention basins or ponds are recommended to trap pollutants on the site rather than allowing them to travel through drainage tributaries to the University Lake reservoir. • Both Option #1 and Option #2 are being presented at a special public hearing on February 28, 1990. The presentation of the proposed amendments to the Joint Planning Area Land Use Plan and Text, and Joint Planning Agreement will be made to the Orange County Board of Commissioners and Planning Board, and the governing boards of the Towns of Chapel Hill and Carrboro. Following the presentation and receipt of public comment, the public hearing will continue but involve only the Board of Commissioners and consideration of proposed amendments to the Orange County Comprehensive Plan, Zoning Atlas (Map) , Zoning Ordinance, and Subdivision Regulations. Because the proposals involve amendments to Joint Planning Area Land Use Plan and Text, they require the approval of the Orange County Board of Commissioners and the governing boards of the Towns of Chapel Hill and Carrboro. Upon completion of the public hearing, and following receipt of the decisions of the Towns of Chapel Hill and Carrboro, and the Orange County Planning Board's recommendation, the Board of Commissioners may adopt Option #1, Option #2 or some combination of the two. Under the provisions of the Joint Planning Agreement, however, the concurring vote of all three jurisdictions is required for approval. The specific wording proposed for various sections of the Joint Planning Area Land Use Plan Text is listed below. Explanatory comments appear after the proposals in [italics] . • The proposed amendment to the Joint Planning Area Land Use Plan map 6 would delete the land use category "Water Quality Critical Area" adjacent to University Lake. In its place, the entirety of the watershed in Orange County's planning and zoning jurisdiction would be • denoted. A. Amend Section II Natural Environment by rewriting the subsection entitled "B. Water Resources" to read as follows : Residents of southeast Orange County obtain water from two sources: groundwater (wells) or reservoirs . However, the most reliable source of water for urban use is a reservoir. Until recently, Chapel Hill, Carrboro, and the surrounding areas relied exclusively on University Lake. That source was recognized as inadequate as a long-term water source, and Cane Creek reservoir west of the Joint Planning Area has been constructed and is now operational . The two reservoirs should provide a raw water supply adequate for the next 20 years . In addition, the Land Use Element of the Orange County Comprehensive Plan has identified possible future reservoir sites to the north of Chapel Hill . The link between land use planning and water resources in the Joint Planning Area lies in protecting water quality by limiting development in University Lake watershed. In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Because the consultants did not find improving water quality to be a practical objective, they recommended preventing significant future water quality deterioration in University Lake as a primary goal. The CDM report presented two fundamental ways of meeting the University Lake water quality goal. Nonstructural management practices, such as controlling land use through local zoning and subdivision regulations, could reduce the pollution generated from future development by controlling the amount and location of impervious surfaces and other pollution-causing activities . Structural practices, such as stormwater detention ponds, would not reduce the amount of pollution generated but prevent substantial portions of it from reaching University Lake by trapping pollutants near their point of origin. The report recommended nonstructural methods as the preferred approach to watershed protection. Basic elements of the proposed nonstructural plan included large lot (five-acre) residential zoning, limits on impervious surfaces, and the preservation of stream buffers along streams . The advantages of the nonstructural approach included the lower amount of pollution generated and its reduced risk of entering the lake, the elimination of construction and maintenance costs for stormwater devices, and the ability to provide wastewater disposal through individual septic systems rather than risky community wastewater systems . • 7 The CDM report did find that the water quality goal could be • achieved through adopted land use plans and regulations (two-acre zoning) and the construction of a significant number of stormwater detention ponds . While the approach would provide for continued growth in the watershed, the high public and private costs associated with a system of 72 larger regional detention ponds or an indeterminant number of smaller individual-development- detention ponds and intensive on-going maintenance requirements were noted as disadvantages . In addition, there would be no way to convert back to a nonstructural control strategy if a structural program resulted in unsatisfactory watershed protection. [The proposed amendment incorporates descriptions of the basic strategies for protecting University Lake watershed as recommended by Camp, Dresser and McKee into the Joint Planning Area Land Use Plan. ] B. Amend Section V Joint Planning Operatinc Principles by deleting the following wording from the subsection entitled "Initial List of Principles - University Lake Watershed" : NOTE: The Town of Carrboro supports low-density development in the watershed but proposes that it be accomplished through cluster development served by central water and sewer. [The existing wording is inconsistent with proposed restrictions regarding public water and sewer extensions into the watershed. ] • C. Amend Section V Joint Planning Operating Principles by deleting the table which identifies the Joint Planning Area Land Use Plan Categories and substituting the following: JOINT PLANNING AREA LAND USE PLAN CATEGORIES Major Land Use Plan Class Subclass Category Resource Protection Public-Private Open Space Suburban Residential Transition Urban Residential TRANSITION Transition I Office-Institutional Transition II Future UNC Development Retail Trade Light Industrial Disposal Use University Lake Watershed Resource Protection RURAL Public-Private Open Space Rural Buffer Agricultural CONSERVATION Rural Residential Retail Trade Extractive Use i► [The proposed amendment deletes a category entitled "Water Quality Critical Area" and substitutes "University Lake Watershed Area in its place. ] D. Amend Section V Joint Planning Operating Principles by rewriting the last sentence of the subsection "Rural Buffer and Conservation" to read as follows : The Rural Buffer consists of the following Joint Planning Area Land Use Plan categories : Rural Residential; Agricultural; Public- Private Open Space; Resource Conservation; Extractive Use; and the overlay category designated University Lake Watershed Area. In addition, the subsection "Water Quality Critical Area" is deleted and, in its place, the following new subsection is substituted: OPTION #1 The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, C441, Dresser and McKee in the University Lake Watershed Study, only low-density residential uses are permitted at densities not to exceed one dwelling unit per five acres of land. OPTION #2 The University Lake Watershed Area includes all lands which drain • into the University Lake reservoir. Based on a watershed protection strategy of structural controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-density residential uses are permitted at densities not to exceed one dwelling unit per two acres of land. A series of regional and/or on-site, stormwater detention ponds is associated with such development to trap pollutants and prevent their deposition in the reservoir. [The proposed amendments provide for a new land use plan overlay category - the University Lake Watershed Area - and alternative development patterns based on the recommended options contained in the University Lake Watershed Study. ] E. Amend Section VI Future Land Use - Joint Planning Area by rewriting the first paragraph of the subsection "The Rural Buffer Area" to read as follows: Seven categories of Rural Buffer land use have been depicted on the Land Use Plan. These categories include Resource Protection Areas, Public-Private Open Space Areas, Agricultural Areas, Rural Residential Areas, Retail Trade Areas, Extractive Uses, and the overlay category designated University Lake Watershed Area. In addition, the subsection "Water Quality Critical Area" is • .1 0 deleted and, in its place, the following new subsection is substituted: OPTION f1 University Lake Watershed Area jyqThe University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-density residential uses are permitted at densities not to exceed one dwelling unit per five acres of land. OPTION 12 University Lake Watershed Area The University Lake Watershed Area includes all lands which drain into the University Lake reservoir. Based on a watershed protection strategy of structural controls as recommended by Camp, Dresser and McKee in the University Lake Watershed Study, only low-density residential uses are permitted at densities not to exceed one dwelling unit per two acres of land. A series of regional and/or on-site stormwater detention ponds is associated with such development to trap pollutants and prevent their deposition in the reservoir. illA final change recommended for Section VI involves the subsection "Rural Residential" and redrafting the third paragraph to read as follows: OPTION #1 To the west of Carrboro, Rural Residential development is also expected in University Lake watershed. However, only low-density residential uses developed at densities a gro& tom--are anticipated. For this reason, residential development will continue to rely on wells and septic tanks for water supply and sewage disposal. OPTION #2 To the west of Carrboro, Rural Residential development is also expected in University Lake watershed. However, only low-density residential uses developed at densities of one dwelling unit per two acres of land or greater are anticipated. For this reason, residential development will continue to rely on wells and septic tanks for water supply and sewage disposal purposes. Associated with such development will be a system of regional and/or on-site stormwater detention ponds for watershed protection purposes . II (The proposed amendments are generally identical to those recommended under amendment "D" and provide for a new land use 10 plan overlay category - the University Lake Watershed Area - and alternative development patterns based on the recommended options contained in the University Lake Watershed Study. ] • F. Amend Section VII Overview of Implementation Strategies by rewriting the last paragraph of the subsection "Sewer and Water Extension Policy" to read as follows: The Orange Water and Sewer Authority (OWASA) is the provider of water and sewer in the Joint Planning Area. OWASA policy is to extend water and sewer in accordance with the adopted policies of the applicable local governments . Current Orange County policy is to approve water and sewer extensions generally only to recognized Transition Areas, and, outside of Transition Areas, to approve extensions of water or sewer systems only to provide service to an essential public service, such as a school, or to remedy a public health emergency, such as a failing septic tank or failing package treatment plant. Refinements to this policy have been recommended as part of Joint Planning Area implementation strategies. Under consideration currently is a temporary prohibition on public water extensions in University Lake watershed until a study can be undertaken of the advisability of extending such service. Furthermore, either an out-right prohibition or a temporary prohibition on public sewer extensions appears likely, excepting sewer service extensions to remedy a public health emergency. If a temporary prohibition is adopted, the provision of sewer service in the watershed would be reconsidered following a study regarding the advisability of such • extensions. [The proposed amendment is provided to reflect current County policy and identify refinements being contemplated by the Joint Planning Area jurisdictions. ] The proposed amendment to the Joint Planning Agreement is as follows: 1 . Amend the definition of "Rural Buffer" in Section 1 .2 Definitions by deleting the reference to the "overlay district designated Water Quality Critical Area" and substituting "overlay district designated University Lake Watershed Area" . [The proposed amendment provides consistency between the proposed wording of the Joint Planning Area Land Use Plan Text as described above and the Joint Planning Agreement. ] • D 12 W II . 11 0 D R A F T PLANNING BOARD MINUTES MARCH 28, 1990 MEMBERS PRESENT: Betty Eidenier (Chair) , Chris Best, Virginia Boland, Clint Burklin, Carol Cantrell, Dan Eddleman, Jean Hamilton, Barry Jacobs, Mike Lewis, Larry Reid, Bill Waddell . MEMBERS ABSENT: Pegge Abrams . STAFF PRESENT: Marvin Collins, Mary Scearbo, Joanna Bradshaw. GUESTS : Commissioner Don Willhoit; Roy Williford, Carrboro Planning Director; Chris Berndt, Chapel Hill Planning Staff; Ed Holland, OWASA Staff . CHAIR COMMENTS: Eidenier asked that Planning Board members voice their concerns and thoughts regarding the information contained in the agenda materials as a means of focusing the discussion. Boland stated that she is concerned for the long time homeowners in the watershed whose intent was to either pass the property on to heirs or rely on it for retirement purposes . Hamilton expressed concern about compensating the landowners and the increase/decrease in land values . Best expressed concern for protecting the environment, an effort which would require sacrifice on the part of all county citizens . With that sacrifice, there must be a fair method of compensation, but the main issue is still protection of the environment for future generations . Jacobs stated that his view was one of balancing of two sides, the equity issue for those who live in the watershed but will not directly benefit from improved water quality and the protection of the environment. He continued that the method of dealing with impervious surface is one way to reach a compromise. He felt the Planning Staff ' s proposals provide enough flexibility for a property owner to build on his/her property and still not • destroy other values . He continued that a fund should be established to purchase lands which the County wants to provide for environmental protection but address equity issues and open space concerns . Burklin noted his concern for the protection of a resource, a responsibility which should be shared by all of those benefiting from the protection of that resource. He felt the charge to the Planning Board is to recommend a workable program with some creative solutions . Lewis read a prepared statement which is included as a part of these minutes on pages Waddell noted the concern of fairness and finding a balance. He recognized the concern for a clean water supply but also understood the concern of the homeowners in Chapel Hill and Bingham Townships . He expressed hope that the Board not forget that a measure of democracy is the extent to which the rights of a minority are protected against the desires of the majority. He felt that the work being done with the University Lake watershed sets a countywide precedent. Waddell continued, expressing hope that the steps taken would provide workable solutions . From the models used to provide imperious surface information, he indicated concern about the number • of cases that would be presented to the Board of Adjustment for solution. Eddleman expressed concern with the number of statements made that the real issue is one of environmental protection. He noted that this was a given, and the real issue of "who pays" must not be misplaced. He felt the question of equity is a serious one. He continued that funds to purchase lands should be provided by all municipalities involved. He noted concern with how the County would deal with a 60% non-compliance rate. Cantrell expressed concern that no long-term plans have been made for extending water and sewer service into the County other than on an emergency basis . She noted that Lane Kendig had indicated that land use and lot sizes could be controlled more equitably with the provision of water and sewer. Cantrell continued that provisions must be made to purchase land and expressed concern with the apparent unwillingness of the municipalities to participate in such purchases. • If ova 13 Reid stated his concerns would be much the same as • citizens in the area and having to make sacrifices for the benefit of others . He indicated he was opposed to any action being taken without some economical relief being provided for those property owners. Eidenier noted a comment from the public hearing that changing the term "Water Quality Critical Area" to "Watershed" would not be as effective. The word "critical" is more easily understood. AGENDA ITEM #4a. Joint Planning Land Use Plan and Text #4b. Joint Planning Agreement Marvin Collins presented the proposed amendments for the Joint Planning Area Land Use Plan and the Joint Planning Agreement. (A copy of the abstract with proposed amendments and resolutions from the Chapel Hill Town Council and the Carrboro Board of Aldermen is included as an attachment to these minutes on pages . ) Both Chapel Hill and Carrboro recommended approval of the proposed amendments to the Joint Planning Area Land Use Plan and the Joint Planning Agreement as presented at public hearing with additions . • The resolutions approved by the Chapel Hill Town Council adds, to the Agreement and Land Use Plan, the basic strategies contained in the 13-point agreement, including the following: * requirement for a a minimum of 5 acres per dwelling unit, with up to 5 2-acre lots (or equivalent overall density) allowed in parcels which were recorded as of October 2 , 1989 , and allowing development of lots less than 5 acres which were recorded as of October 2 , 1989 . * impervious surface limits of 4% for 5-acre lots and cluster developments, and 6% for 2-acre lots, and * prohibition on extension of public water and sewer service and on new community alternative wastewater systems; studies are to be completed by April, 1991 on whether to allow public water service extension and whether to allow community alternative systems outside the most critical area of the watershed. • Collins stated that his concern as well as that of the County Attorney is that the proposed E2 Q [1; 1r ,4 additions were not included in the text that was presented at public hearing. Two options are available to the Planning Board. One is to approve the decision of the Town of Chapel Hill and include similar wording. The other option is to stay strictly with what was advertised and presented at public hearing. If the Board of County Commissioners decides on the second option, then it would be forwarded to the Chapel Hill . Collins continued that the Town of Carrboro, in its resolution, made the following addition: Amend the Joint Planning Agreement to incorporate the 13-point agreement, and to provide for a sliding scale which accommodates the impervious surface restrictions contained in the 13-Point Agreement. Roy Williford, Planning Director for Carrboro,. indicated the intent is to incorporate the 13-Point Agreement within the Joint Planning Agreement, in its entirety, at this time. Collins responded that he has the same concern he expressed with the Town of Chapel Hill ' s resolution, that more is being asked for than was advertised and presented at public hearing. The options for the Planning Board are the same as with the resolution • from Chapel Hill . Burklin asked about the items which were not presented at public hearing. Collins responded that the impervious surface ratio standards were of particular concern. Jacobs noted that impervious surface ratios were discussed by citizens at the public hearing. Collins responded that they were discussed but were not advertised nor presented at the public hearing as part of proposed amendments to the Joint Planning Agreement or Land Use Plan. Lewis noted that none of the landowners concerns have been addressed and questioned support the amendments until such time as the concerns are addressed. Lewis continued that he could not support the amendments until this was done. MOTION: Lewis moved that the Planning Board recommend to the Board of Commissioners that they do nothing in the watershed until something concrete is done to address the financial concerns of the landowners . Seconded by Boland. • ID 13 n If 15 Boland asked how many landowners are on the • watershed work group. Collins responded that there are no landowners on the work group. It is comprised of elected representatives of the two municipalities and the County. Boland responded she felt this was unfair representation. Burklin asked about the rate of development Collins expected within the next six months in the watershed. Collins responded that the rate of growth over the last eighteen months has been very low. During 1988, there were 40-50 building permits issued in the watershed. In 1989 , the number of permits declined by half . The decline follows the trend occurring throughout the County. Jacobs noted that the Planning Board could make a specific recommendation addressing the equity issue as well as impervious surface ratios . Jacobs also noted that the concept of lot size averaging was no longer included as part of the Planning Staff recommendation. :ENDED MOTION: Recommend to the Board of County Commissioners that they not accept the proposed amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement but extend the interim standards until the • equity issue has been addressed. ATE: 4 in favor (Boland, Lewis, Reid, Waddell) . 7 opposed (Eidenier, Cantrell, Jacobs, Hamilton, Eddleman, Burklin) . ;ENDA ITEM #4e: Orange County Zoning Ordinance Best suggested that the Board discuss minimum lot size standards and lot size averaging. Other issues for discussion should be the planned extension of water and sewer, and the equity issue. Collins asked that the Board remember that the discussion must be in the context of the Joint Planning Area Agreement and the Joint Planning Area Land Use Plan. Collins referred to a proposal from Commissioner Don Willhoit. The proposal represents an alternative way of trying to address the concerns of the municipalities and balancing those with the Staff recommendations . He asked Commissioner Willhoit if he wished to comment on the proposal before having the discussion proposed by Best. (A copy of the proposal and recommendations is an attachment to • these minutes on pages . ) y IT 16 district was proposed with a higher level of protection. VOTE: Unanimous . • AGENDA ITEM #4a. Joint Planning Land Use Plan and Text #4b. Joint Planning Agreement MOTION: Jacobs moved to recommend to the Board of County Commissioners that the issues of impervious surface and lot size averaging, and the means of addressing equity concerns such as purchase of land and/or development rights in the watershed be presented again at public hearing before all three jurisdictions . Until such time, Jacobs recommended that the Commissioners not adopt any standards regarding impervious surface or lot size as part of the Joint Planning Agreement or Land Use Plan. Seconded by Best. Collins indicated he felt the Board should approve the proposals as presented at public hearing. He cited the Board' s approval of a resolution which included a provision to proceed with the review and implementation of the 13-point agreement. By addressing the 13-point agreement at another public hearing, the issues and concerns that had just been identified could be dealt with then. Collins added that the proposals as presented at the February 28 public hearing were the most basic strategies involving lot sizes and did not address specific standards such as impervious surface ratios . Best indicated that the municipalities needed to address the equity issues before any amendments were made to the Joint Planning Agreement or Land Use Plan. Collins suggested that the concerns involving the equity issues as well as the entire 13-point agreement could be dealt with in a manner similar to the first 13-point agreement between the three jurisdictions. That agreement was not part of the text of the Joint Planning Agreement but simply an appendix to it. The current 13-point agreement could be considered at a public hearing, then incorporated as a new appendix to Joint Planning Agreement. Best indicated that the concerns should be dealt with now before any amendments to the Joint Planning Agreement are made. To do otherwise would result in a piecemeal handling of the issues . Eddleman indicated that the proposed amendments to IL [ill 11 the Joint Planning Agreement and Land Use Plan were pretty bland statements . If a "message" is desired, the action taken on the ordinance amendments represents more of a message than holding up the approval of these amendments . The message is that the municipalities did not go far enough in helping to protect the watershed. If they want a higher level of protection, they need to contribute more. Jacobs indicated that he wanted to see more progress toward a middle ground by the municipalities before he was ready to approve the Joint Planning items . Collins indicated that the 13-point agreement had been adopted by the municipalities and that document addressed some of the concerns of the Planning Board, including the establishment of a Watershed Protection Fund. He noted that the Commissioners had also set as a 1990 objective the preparation of a purchase of development rights program. Chris Berndt of the Chapel Hill Planning Department indicated that the Town Council's resolution specifically included a request that OWASA establish a Watershed Protection Fund. VOTE: 7 in favor. 4 opposed (Jacobs, Reid, Burklin, Eddleman) . Meeting adjourned 10 : 35 p.m. 1p n ir 0 UNIVERSITY LAKE WATERSHED PROTECTIO N • At the March 8 , :990 meeting of the Chatham-Orange Wo=k Group, the group failed to achieve a •consensus for modification of tne impervious surface provisions ' in the :3-point agreement . The Orange County Planning Director , Marvin Collins , nas proposed changing the impervious surface limit from 4% to 6%G for 5-acre lots and a sliding scale for lots smaller than 5 acres . Ideas discussed at the March 8 meeting included : a . Reduction in the number of 2-acre lots permitted under point number 5 . a. 2 . Public acquisition of land or development rights sufficient to result in equivalent protection: 3 . Use of impervious coefficient somewhere between 0 and 1 . 0 to recognize that gravel driveways are not as impervious as ' roof tops or paved roads . 4 . Use 4:o figure for new developments , 5% for existing lots . TEE DEBATE Those in favor modifying the impervious surface limit arcued that , according to Mr . Collins ' calculations , the number of non- conforming lots would be unacceptably high (approx. 40%) . Those opposed to modification argued that the CDM recommendations were aimed at minimizing f::rtner pollutant loading of the Lake and that the :3-paint agreement already included compromises that were less stringent that recommended by CDm. CDM SHORT-COMINGS The CDM report recommended that impervious surfaces be limited to 4t if the non-structural utilized.ral approached were utilized. They failed y to take into account ,di _iculties this approached would encounter . • _ dealing witn that portion of the watershed in Chatham County and with existing roads and lots smaller .pan. 5 acres . RECONCILIATION The d:_ ference between the 1.3-point agreement and tne Orange County staff proposals is not as sign:f:cant as has been thought if a distinction :s made between average ' _mperv:ousness and the • fed for ndiv_dua' lots . Mr . Collins ' calculations ..�al_i::um permit .. � - indicate that , for an assortment of 5-acre lots , approxtmately 98% compliance can be achieved by use of an impervious surface maximum of 6% •der lot and that the average for the assortment 4Y . Thus , the inte^ of the _3-point agreement would be about us it -t , was to limt t impervious surface to an average of 4% , the two proposals are equivalent . I - la .. The difference for 2-acre acts is greater , b:.` not� by much. Mr. Collins ' calculations indicate that the _=pervious surface for an assortment of 2-acre lots would be approximately 7% it a naxi=u of 12% was applied to individual lots . The :3-point agreement called far 6%. Again if the 6% in the 13-point agreement is to be interpreted as an average, it is close to that computed to result from the application of a :2% maximum for individual lots . RECOMMENDATIONS A. For April 2 , 1990 r . Consider that the basic recommendations of the :3-point agreement and the Orange County planning staff are ecuiv- alent in that the 13-point figures refer to averages and the star_ reccm»endat:ons refer to individual Pots . 2 . modify the formula for the number of 2-acre lots. t::at can be created to one that specifies the number of lots and permits averaging. For example, from a 20-acre tract , allow creation of 7 2 . 86-acre lots as an alternative to 2 5-acre lots plus 5 2-acre lots. 3 . Adopt a sliding scale of average and maxim.:m _=pervious . surface requirements for acts smaller than 5 acres (averages only to apply to new subdivisions) . E. Beyond April 2 , :990 1 . Com»i t to public accuisit:on of land to reduce future pollutant loading potential 2. Provide tax incentives for "environmental easements " patterned after agricultural use-value assessments . 3 . Determine location of majority of 2-acre and swalaer lots and. use structural BYPs in subbasins serving existing small lot subdivisions , e.c. , East Price ' s Creek (=eritace Hills) and West •Price ' s Creek (Chatham County) . 4 . Proceed with review and paewen tatio n of 13-poi._ . acree»en t . 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We-t • - _ tea_ 25_ 5/1-1--?:c■y710 .- - V97 -0 —p f_r_e_ebt-2/ POst-It'"brand tax transmittal memo 7671 It/ea ow* •+�. y P 4 co. Dept. _ i Arip -Ls AGENDA * 9 Fa. 73e2 - 5eal 44 A Fax ((a7 4,5/40f - revised 410 RRMORANDUM TO: Mayor and Council FROM: Julie Andresen and Alan Rimer SUBJECT: Joint Planning amendments regarding protection of University Lake watershed and water quality DATE: March 26, 1990 As a follow-up to the Joint Planning public hearing on February 28, we want to report to you on subsequent discussions by the Chatham-Orange work Group regarding University Lake watershed matters. • BACKGROUND Present Joint Planning Agreement The present Agreement of November, 1987, provides that the portion of University Lake watershed in Orange County' s planning jurisdiction (about 80% of the watershed) , is part of the Rural Buffer established in the Joint Planning land use plan and defined in the Agreement. The Rural Buffer is defined as: "That portion of the Joint Planning Area designated on the Joint Planning Land Use Plan as Rural Residential, Agricultural, Pub- lic/Private Open Space, Resource Conservation, Extractive/Disposal use and the overlay district designated Water Quality Critical Area. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two ( 2) acres. The Rural Buffer is further defined as land which, although adjacent to and urban or Transition area, is rural in charac- ter and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services) ." Camp Dresser and McKee study In March, 1989, the consulting firm of Camp Dresser and McKee complet- ed a study of University Lake Watershed for the Orange Water and Sewer Authority. The consulting engineers recommended land use and development controls as preferable to use of stormwater detention ponds for protecting the water quality of University Lake. The engineers recommended a 5-acre minimum lot size with a 4% limit on impervious surfaces such as roads and buildings, Camp Dresser and McKee also evaluated as acceptable an alternative of cluster development with an overall density of 3 . 3 acres per dwelling unit and including the 4% impervious surface limit and other controls. 25 Camp Dresser and McKee stated in the report that " . . .to be effective at managing future nonpoint pollution impacts, the 5-acre lot require- ment must be accompanied by a 4% impervious surface.ceilin9" and that "It is important to emphasize that a 4% imperviousness ceilin is an important component of a 5-acre lot development restriction. This is because a greater level of imperviousness on a 5-acre residential lot would produce higher nonpoint pollution loadings and Could reduce water quality benefit to the point where a land use control strategy is not at least as effective as a structural BMP strategy" [emphasis is in original text] . Structural BMP strategy refers to detention ponds. Orange-Chatham Work Group discussions In October, a work group including representatives of Carrboro, Chapel Hill and Orange County governing boards proposed a 13-point agreement for protecting the University Lake watershed and water quality of the reservoir. A copy of the proposed agreement is attached with a report to the Council from our October 23 meeting, when the Council generally endorsed the proposed agreement. Key points of the work group' s proposal include: A basic strategy of requiring 5 acres per dwelling unit, limiting impervious surface to 4% and use of individual septic systems. • Allowing lots under 5 acres which were recorded before October 2, 1989 to be developed with impervious surface limits of 6% for lots of between 2 and 5 acres, and 12% for lots less than 2 acres. Allowing up to 5 2-acre lots in parcels recorded as of October 2, 1989, with the 6% limit on impervious surface. Not allowing alternative community wastewater systems in the critical area of the watershed, and not allowing such systems in the remainder of the watershed before April 30, 1991. The joint planning jurisdictions would study whether to expand the critical area. Not allowing public sewer service in the watershed except to address a public health hazard or upon agreement of the joint planning jurisdictions. Studying whether to allow public water service in the watershed, with a study and report from OWASA requested to be complete by April 30, 1991. Studying possible use of transferable development rights for watershed protection purposes, and reviewing the Joint Planning Agreement to see how the watershed protection agreement could be incorporated. Consideration by Orange County In October, 1989, the Orange County Board of Commissioners adopted interim regulations for development in University Lake watershed. These regulations were adopted for the period through April 2, 1990. 26 t In addition to Joint Planning amendments, the County is considering amendments in County zoning and subdivision regulations for University Lake watershed. we understand that the County Planning Board may discuss University Lake watershed matters on March 28th. DISCUSSION Impervious surface limits In recent weeks, the work group has discussed the County staff ' s recommendation for a sliding scale of impervious surface limits including 6% for 5-acre lots and 12% for two-acre lots. The County staff developed this proposal after questions about flexibility for property owners were raised in a public hearing by the County in November. The hearing was on revisions to the County' s interim watershed standards for University Lake watershed. The County staff 's proposed imperviousness limits are less protective than those recommended by the work group last fall. OWASA staff has analyzed the County proposal and projected its effect on University Lake water quality. When combined with other proposed modifications to the Camp Dresser McKee recommendation, the proposed County impervious surface limits would contribute to a 36%, estimated degradation compared to present III water quality in the lake. The Chatham-Orange work Group's proposal in October included imperviousness limits of 4% for lots of 5 or more acres, 6% for 2 acre lots and 12% for existing lots less than 2 acres. On the basis of the Camp Dresser McKee model for projecting water quality from allowable development patterns, OWASA staff has estimated that the October, 1989 work group proposal would mean a 28% degradation from present water quality. Camp, Dresser McKee estimated its own recommendations would mean a 17% degradation in water quality. We believe that development of lots in subdivisions in the future should be subject to the impervious surface limits recommended by Camp Dresser and McKee, or alternatively, as proposed by the work group in October. We believe that future development can be designed with the impervious surface limits in mind, and that there is greater flexibility in designing future development than in the case of existing recorded lots. Amendments to the Joint Planning Agreement and Land Use Plan The County staff has proposed amending the Joint Planning Agreement to refer to University Lake watershed area rather than water quality critical area in the definition of Rural Buffer. The present Water Quality critical Area includes areas immediately around the Lake and tributary streams and creeks. 27 We recommend that the Council support adding a clarifying statement to define the University Lake Watershed Area as including: * a primary requirement for a minimum of 5 acres per dwelling unit, with up to S 2-acre lots (or an equivalent overall density) allowed in parcels which were recorded as of October 2, 1989, and allowing development of lots less than 5 acres which were recorded as of October 2 , 1989 . * impervious surface limits of 4% for 5-acre lots and cluster developments, and 6% for 2-acre lots, and * prohibition of extending public sewer service into the watershed except to address a public health hazard or upon agreement by all joint planning jurisdictions; not permitting community alternative wastewater systems, with a study to be completed by April, 1991 on whether to allow such systems outside the most critical area of the watershed; and with restriction of public water service pending study and a report to be completed by April, 1991. The Joint Planning Land Use Plan amendments as drafted by the County staff for the February 28 public hearing include options of either 5 acres per dwelling unit or 2 acres per unit with stormwater detention ponds. The amendments as drafted for the public hearing are included on the attached pages numbered 11 through 18 from the public hearing agenda materials. We recommend the 5-acre per unit option with clarification that impervious surface limits are to include 4% for 5 acre lots and 6% for 2-acre lots. Regarding wastewater disposal, the County staff's draft amendments state that policies on restricting public water and sewer service are under consideration pending studies. We recommend the amendments set forth the restrictions on public water and sewer service as policies to be in effect. The question of whether to extend public water service would be studied as proposed by the work group in October. CONCLUSION Attached are resolutions regarding changes in the Joint Planning Agreement and Joint Planning Area Land Use Plan. Resolution 17 would approve an amendment in the Joint Planning Agree- ment to define a University Lake Watershed Area in place of the University Lake Water Quality Critical Area now referred to in the Joint Planning Agreement. Resolution 18 would approve Joint Planning Area Land Use Plan changes including the primary requirement for 5 acres per dwelling unit and 0 restrictions on impervious surface and on public water and sewer service as discussed above. 2P A RESOLUTION REGARDING AMENDMENT OF THE JOINT PLANNING AGREEMENT AMONG • ORANGE COUNTY AND THE TOWNS OF CHAPEL HILL AND CARRBORO (University Lake Watershed District) ( 90-3-26/R-17) WHEREAS, representatives of local governments have discussed since the spring of .1989 how to implement recommendations of Camp Dresser and McKee for protecting the watershed and thereby the water quality of University Lake; and WHEREAS, on October 13 , 1989, representatives of governing boards of Orange County and the Towns of Carrboro and Chapel Hill proposed a 13-point agreement regarding University Lake watershed; and WHEREAS, , the proposed 13-point agreement r included dwelling is ldedg ro but provisions for with primary strategy of requiring 5 acres per allowance for a limited number of 2-acre lots and for development of lots recorded as of October 2, 1989; and WHEREAS, the proposed 13-point agreement includes a request that OWASA develop a watershed protection fund for purposes such as acquiring rights in particularly sensitive land; NOW THEREFORE BE IT RESOLVED by the Council of the Town of chapel Hill that the Council approves amendment of the Joint Planning Agreement among Orange County and the Towns of Chapel Hill and Carrboro as follows: Amend the definition of "Rural Buffer" in Section 1.2 Definitions by 0 revising the definition of "Rural Buffer" by deleting the reference to "overlay district designated Water Quality critical Area" and substituting "overlay district designated "University Lake Watershed Area" and to define the University Lake Watershed Area as including * requirement for a minimum of 5 acres per dwelling unit, with up to 5 2-acre lots (or equivalent overall density) allowed in parcels which were recorded as of October 2, 1989, and allowing development of lots less than 5 acres which were recorded as of October 2, 1989. * impervious surface limits of 4% for 5-acre lots and cluster developments, and 6% for 2-acre lots, and * prohibitions on extension of public water and sewer service and on new community alternative wastewater systems; studies are to be completed by April, 1991 on whether to allow public water service extension and whether to allow community alternative systems outside the most critical area of the watershed. BE IT FURTHER RESOLVED that the Council hereby authorizes the Mayor to execute an amendment to the Joint Planning Agreement on behalf of the Town of Chapel Hill to incorporate the provisions described above. This the 26th day of March, 1990. _ r 29 • A RESOLUTION REGARDING AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND MAP (University Lake watershed) ( 90-3-26/R-18) WHEREAS, the Joint Planning Area includes the portion of University Lake watershed which is within Orange County's planning and zoning jurisdiction; and WHEREAS, the Land Use Plan and Map for the Joint Planning Area set forth bases for development regulations; and WHEREAS, the parties to the Joint Planning Agreement have discussed how to implement recommendations of a study of the University Lake watershed by the firm of Camp Dresser and McKee; and held a public hearing on February 28, 1990 on these matters; NOW THEREFORE BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves amendments to the Joint Planning Area Land Use Plan and Map as follows: A. Amend section II , Natural Environment by rewriting Subsection B, water Resources as described in (A) in portions of the attached pages numbered 14 and 15 from the February 28, 1990 public hearing agenda materials. B. Amend Section V Joint Planning Operating Principles as described in (B) on the attached page 15 from the February 28, 1990 public hearing 0 materials. C. Amend Section V Joint Planning Operating Principles as described in (C) on the attached pages 15 and 16 in the February 28, 1990 public hearing materials. D. Amend Section V Joint Planning Operating Principles by: rewriting the last sentence of the subsection "Rural Buffer and Conservation" as described in (D) on the attached page 16 of the February 28, 1990 public hearing materials; and deleting the subsection Water Quality Critical Area and substituting a new subsection as follows: The University Lake watershed Area includes all lands which drain into the University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp Dresser and McKee in the University Lake Watershed Study, only low-density residential uses are permitted at densities not to exceed one unit per five acres of land, with a limited number of 2-acre lots, and with impervious surface limits including 4% for 5 acre lots and 6% for 2-acre lots. S 10 i T E. Amend section VI Future Land Use ~ Join Rural Planning Area Area"ewriting the first paragraph of the subsection 1990 ID as described in (E) on the attached page 16 of the February 28, public hearing materials, and replacing the subsection "Water Quality Critical Area" with the following new subsection: University Lake Watershed Area The University Lake watershed Area includes all lands which drain into University Lake reservoir. Based on a preferred watershed protection strategy of land use controls as recommended by Camp Dresser and McKee in the university Lake Watershed Study, only low density residential uses are permitted at densities not to exceed one dwelling unit per ith five acres of Ali with a limited its including 4number or 5 acre 2-acre lo lots n6% wfor impervious surface 2-acre lots. Rewrite the third paragraph of the subsection "Rural Residential" to read as follows: To the west of Carrboro, Rural Residential development is also expected in University Lake watershed. However, only low-density residential uses developed at densities of one dwelling unit per five or more acres of land (with a limited number of 2-acre lots) are anticipated. For this reason, residential development will ontinueato rely on wells and septic tanks for water supply OWASA will be requested to conduct a study of the advisability of making public water services available within the watershed, and will be asked April to report to the joint planning jurisdictions by 1991 on its findings and recommendations. Public sewer will not be extended into the University w�llr�oenteplanning jurisdictions. F.health hazard or upon agreement by F. Amend Section VII Overview of the Implementation Strategies by rewriting the last paragraph of th Extension Policy" to read as follows: The Orange Water and Sewer Authority (OWASA) is the provider of water and sewer in the Joint Planning Area. OWASA policy is to be guided by the land management plans approved by the governmental units in the area the Authority serves. Public sewer services will not be extended into University Lake watershed except to address a public health hazard or upon agreement by all joint planning 3 of making OWASA is requested to conduct a study of the advisability _ public water services available joint planning jurisdictions watershed,grd� and is asked to report t 30,, 1991 on its findings and recommendations. to HE IT FURTHER RESOLVED that the C P nning Agreement authorizes on behalf ofrthe execute amendments to the Joint Town of Chapel Hill to incorporate the provisions described above. This the 26th day of March, 1990. • 31 arrboro ,4. • March 28 , 1990 Mr. John Link Orange County Manager P.O. Box 8181 Hillsborough, N.C. 27278 Dear John: The Carrboro Hoard of Aldermen at its meeting on Tuesday, March 27 , 1990, adopted the attached resolution regarding the proposed amendments to the Joint Planning Agreement and Land Use Plan. If we can provide additional information in this regard, please let me know. 110 Sincerely, . n7'�`'�`� Robert W. Morgan Town Manager RWM/scw cc: Sonna Loewenthal Enclosure 0 32 arrb 1' The following resolution was introduced by Alderman Jay Bryan and duly seconded by Alderman Jacquelyn Gist. A RESOLUTION REGARDING THE PROPOSED AMENDMENTS TO THE JOINT PLANNING AGREEMENT AND LAND USE PLAN Resolution No. 40/89-90 WHEREAS, the Orange Water and Sewer Authority commissioned the consulting firm of Camp, Dresser and McKee (CDM) to study and develop a range of options for protecting the quality of water supplied to University Lake by its watershed area; WHEREAS, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions requesting that the Joint Orange-Chatham Work Group review the report completed by CDM in March of 1989; WHEREAS, the Orange-Chatham Work Group recommended a 13- Point Agreement for University Lake Watershed protection, dated October 13, 1989, which proposed an agreed upon watershed protection strategy; WHEREAS, the governing boards of Orange County, Chapel Hill, and Carrboro endorsed the October 13, 1989 agreement, as proposed by the Orange-Chatham Work Group; WHEREAS, the governing boards of Orange County, Chapel Hill , and Carrboro jointly held a public hearing on February 28 , 1990 on amendments to he Joint Planning Area Land Use Plan Text, to the Joint Planning Area Land Use Plan Map, and to the Joint Planning Agreement supporting the, October 13, 1989 Agreement proposed by the Orange-Chatham Work Group; and WHEREAS, the planning directors of Orange County, Chapel Hill , and Carrboro recommended approval of the proposed amendments with Option 41 as the recommended land use control strategy. NOW, THEREFORE, BE IT RESOLVED BY THE CARRBORO BOARD OF ALDERMEN THAT; Section 1. The amendments to the Joint Planning Area Land Use Plan/Text with Option #1 as presented on February 28 , 1990 (Pages 14-18) , be adopted. • 4 13 V Section 2. The Joint Planning Area Land Use Plan Map amendment • deleting the land use category "Water Quality Critical Area" and designating in its place "University Lake Watershed" for the entirety of the watershed in Orange County 's planning and zoning jurisdiction be adopted, subject to a change that accurately shows as excluded from such area the existing corporate limits of the Town of Carrboro as well as the Town 's extraterritorial planning area. Section 3. The Joint Planning Agreement amendment which amends the definition of "Rural Buffer" in Section 1.2 Definitions by deleting the reference to the "overlay district designated Water Quality Critical Area" and substituting "overlay district designated University Lake Watershed Area" be adopted. Section 4. Amend the Joint Planning Agreement to incorporate the 13-Point Agreement, and to provide for a sliding scale which accommodates the impervious surface restrictions contained in the 13-Point Agreement. Section 5. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 27th day of March, 1990: • AYES: Randy Marshall , Tom Gurganus , Eleanor Kinnaird, Frances Shetley, Jacquelyn Gist, Jay Bryan NOES: Hilliard Caldwell ABSENT/EXCUSED: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting held on Tuesday, March 27eot ��, 4a4,s c.,.5. Town;Clerk =;� , •M / - w 'fd,f0∎::Aif:5i6'•t6, 411 • 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2L 1990 Action Agenda�� Item # �XC SUBJECT: Proposed Amendment - Orange County Comprehensive Plan DEPARTMENT: Planning PUBLIC HEARING: Yes _X No ATTACHMENT(S) : INFORMATION CONTACT: Location Map Planning Director - Extension 346 Descriptive Narrative Draft 3/28/90 Planning Board TELEPHONE NUMBERS: Minutes Hillsborough - 732-8181 Durham - 688-7331 NOTE: PUBLIC HEARING MINUTES Mebane - 227-2031 AND EVIDENCE RECEIVED AFTER Chapel Hill - 967-9251/968-4501 THE HEARING ARE INCLUDED AS A SEPARATE ENCLOSURE. PURPOSE: To consider a proposed amendment to the Land Use Element of The Orange County Comprehensive Plan. The proposed amendment is being made to implement, in part, recommended strategies for the protection of University Lake Watershed. The proposal was presented at the February 28, 1990 public hearing. BACKGROUND: In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Following the release of the Final Report, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions, requesting that the Joint Chatham-Orange Work Group review the study and provide recommended strategies for its implementation. In October, 1989, the Work Group completed a proposed 13-point agreement on University Lake watershed protection. To implement the recommended strategies for watershed protection, the Work Group directed staff to identify needed changes to the Orange County Comprehensive Plan. Only one change was found to be necessary - amend the 1 2 Land Use Element Map by deleting the current "Water Quality Critical Area" surrounding University Lake (see attached map) . The amendment would leave the entire watershed designated as a "Water Supply Watershed" on the Land Use Element Map, providing consistency with the Orange County Zoning Ordinance and Atlas. At a special meeting on March 28, 1990, the Planning Board, by unanimous vote, recommended approval of the proposed amendment to the Land Use Element of the Comprehensive Plan. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board recommendation. �1 I voK- �i FARM ;w 417• 4 `,`ti` OA+RYIi r • Jo b .. .I !vender ;400-S r , ~~� t .. p C • ;. °ter„a 4 ` 4, ....N..c.r ' Wq 1-7.-,, Cp' 6 : I _ `1 nos �•• *iv at 3 0 [[[_ 2- w rim' 4 illill .44 100011.*IIP.-1#-d7-0141AW is Aim • Cy r.W.j% C\ V Si%0:10,11irillIP•00..1.10._-... VIII ..:\r---....-.1%..: NI 4*, ob• 16 S 1r e. ........._... .. eA. -t* I'D lc= -AIN at ,,i,,,,,,... „,.. 0 / , , . . 4.. , .... „741-1/4.--' . 4cit,,,k74,4,1%43,11.P.:-. -,'"°.:. ..0 ... , .. ?i, -N..—...„.■,..,. i . / 6 y, .y. 12. \ y 0E0 etA° ir,„„.. _.,,,Nilk, ._ ,„„.. ,,,,,, ,,. > 92 1 ow , I. 4k ;b1 - ITO. le . litip,...V11,/,,sk- rid,. ...CLUB w i. to use► Ir • lb IA Cfgel f r.-1-1'21.....--..*. 4 t. -\ \..,..t \ sows . 1 Q STtMSPEIKI/ (. 2008 11,, Ro. ° �,ti ":44 , -.0'': 1 AA _ ..4,..- 9.70,,:‘,..,R0. q t_� f"r ,_ ` 1 c ! M QO v bt taq •• ar ` os "Alb!"Atiee ?s,-- ssil -4' '. �~ L i''• C yr .- -.. AP"I- 0r ,� It N . .4111 1 -_ ti - 4 I- /� ' t . i it t��M! 4 w I. / _9 : r av C� ii>��2_ v i •�m, arer tr try a pe HiJis=p INID �7li t�q /i LEGEND 11111 11111111 Watershed Boundary Water Quality Critical Area UNIVERSITY LAKE WATERSHED 4 * 3,3 LAND USE PLAN CATEGORIES *Amended 8/1/89 One of the fundamental methods used to achieve the stated Goals and �. Policies of the Land Use Element is the design and application of a land classification system. Each category of the land classification system is designed to accommodate certain uses throughout the County to achieve a desired pattern of development. Land in the County was classified into these categories according to the public policies expressed in the Land Use Element, the set of locational criteria defining the appropriateness of the physical environmental context and the projected population change and resulting land requirements in the County. The land use categories contained in the Orange County Land Use Element are based on five basic categories which have been refined into a more detailed classification system to meet the specific needs of the County. These categories are presented below: BASIC CATEGORY ORANGE COUNTY LAND USE PLAN CATEGORIES DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION 10-Year Transition 20-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL Rural Buffer Rural Residential Agricultural-Residential Rural Neighborhood Activity Node Rural Industrial Activity Node Agricultural Areas CONSERVATION Public Interest Area r> Water Supply Watershed Water Quality Critical Area Resource Protection Areas Amended 4/2/84 8/1/89 A description of each land use plan category is contained on the following pages. 5 LAND USE PLAN CATEGORY DESCRIPTIONS URBAN. Land that is within the corporate limits of a town and, therefore, under the jurisdiction of the Land Use Plan for the Town. EXISTING URBAN ACTIVITY NODE. Land corresponding to "activity centers" designated by the Towns of Chapel Hill and Carrboro and similarly identified for the Towns of Hillsborough and Mebane. PROPOSED URBAN ACTIVITY NODE. Land corresponding to proposed "activity centers" designated by the Towns of Chapel Hill and Carrboro. 10-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the first 10-year phase of the Plan. 20-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the second 10-year phase of the Plan. COMMERCIAL TRANSITION ACTIVITY NODE. Land focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses . COMMERCIAL-INDUSTRIAL TRANSITION ACTIVITY NODE. Land focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses . RURAL COMMUNITY ACTIVITY NODE. Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following uses: church, fire station, small post office, school, or other similar institutional uses and one or more commercial uses . RURAL BUFFER. Land adjacent to an Urban or Transition area which is rural in character and which should remain rural, contain very low-density residential uses and not require urban services during the plan period. RURAL RESIDENTIAL. Land in the rural areas of the County which is appropriate for low intensity and low-density residential development and which would not be dependent on urban services during the plan period. AGRICULTURAL RESIDENTIAL. Land in the rural areas where the prevailing land use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. RURAL NEIGHBORHOOD ACTIVITY NODE. Land focused on designated road intersections within a Rural Residential or Agricultural-Residential area that is appropriate for small-scale commercial uses characteristic of "Mom and Pop" convenience stores and gas stations. 6 RURAL INDUSTRIAL ACTIVITY NODE. Land focused on designated road intersections within a Rural Residential or Agricultural-Residential area that is appropriate for small scale industrial uses which do not require urban-type services. EXTRACTIVE USE. Land designated to encompass operations designed primarily for the mining and quarrying of those substances which are legally removable from the ground and substrata. AGRICULTURAL AREAS. Land which is actively being used for farming and forestry purposes and which qualify for or are listed for, use value taxation purposes. PUBLIC INTEREST AREA. Land which contains public or quasi-public uses such as publicly owned land, research forests or known archaeological or historical sites . WATER SUPPLY WATERSHED. Land draining to existing reservoirs which serve as public water supplies for the County, or to potential reservoir sites which have been designated for protection against threats to the water quality of future water supplies . 0 WATER QUALITY CRITICAL AREA. Land draining directly to existing or future water supply impoundments by overland flow and interflow, called shorelands, and draining into the main channels of trunk streams emptying into the impoundments, called non-basin drainage areas . RESERVOIR. Land which contains the necessary attributes for the placement of a water supply impoundment to supply an adequate quality of water for public purposes. RESOURCE PROTECTION AREAS. Land which contains identifiable or potential natural resources . This includes wetlands along drainage tributaries, and steep slope areas ( 15% or greater) . These areas form the basis for a parks and open space system which provides the framework within which other land uses are situated. Historic And cultural. No evaluation. 7 co) PLAN CATEGORY: WATER QUALITY CRITICAL AREA Amended 4/2/84 ,hand Slone. No evaluation. * liydrolocy. Located in areas which drain directly to a water supply impoundment by overland flow and interflow or which drain directly to the main channel of trunk stream feeding the impoundment. Flora and Fauna. No evaluation. Soil Conditions. No evaluation. Public Services/Utilities. Located in areas which are characterized by low-density residential and minimal non-residential development. Transportation System. No evaluation. Enemy Use. No evaluation. Existing Land Use. Located in areas which are characterized by a low density residential and minimal non-residential development. Agriculture And Forestry. No evaluation. Population Density. Located in areas with low population densities. Historic and culture . No evaluation. *No evaluation - means this item is not a criteria for the application of the Plan Category. A:\A:SEC-3-5.DOC D ° a 7 D 8 V . recommendation with Alternative #2 (attachment to these minutes) . Seconded by Best. Collins asked if the Board preferred Alternative #2 as presented at public hearing to the revised version on page 49 of the agenda. • Jacobs asked if the revision reflected a longer time frame than, April 1991 . Collins responded it did, since the studies of the advisability of extending public water and sewer, and permitting the use of alternative systems would be completed by April 1991 . Following the receipt of the studies, the three jurisdictions must have time to review the proposals and make a decision. Any prohibition of such services/systems would not be lifted until a decision by all three jurisdictions to do so. Jacobs asked if Collins preferred the revision on page 49 . Colndnhise otiondt�eaccept theobevisdionated he would ame Accepted by Best. VOTE: 9 in favor. 2 opposed (Lewis, Waddell) . 0 AGENDA ITEM #4c. Orange County Comprehensive Plan #4d. Orange County Zoning Atlas MOTION: Jacobs moved approval of the Planning Staff ' s recommendation. Seconded by Best. Best asked if Eidenier still had concerns about the deletion of the "Critical Area" . Eidenier responded that if some land is going to be bought which is more critical than other, there should be a way to defining it. Best continued, asking the reason for deleting the word "Critical" . Collins responded that the CDM report indicated the watershed as a whole should be considered as a critical area, so one zoning district was proposed with a higher level of protection. VOTE: Unanimous . AGENDA ITEM #4a. Plan and Text 4b. Joint Planning Agreement MOTION: Jacobs moved to recommend to the Board of County 1 { ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 Action Agenda � Item # , SUBJECT: Z-1-90 University Lake Watershed (ULW) District DEPARTMENT: Planning PUBLIC HEARING: Yes _X No ATTACHMENT(S) : INFORMATION CONTACT: Location Map Planning Director - Extension 346 Draft 3/28/90 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 NOTE: PUBLIC HEARING MINUTES Durham - 688-7331 AND EVIDENCE RECEIVED AFTER Mebane - 227-2031 THE HEARING ARE INCLUDED AS A Chapel Hill - 967-9251/968-4501 SEPARATE ENCLOSURE. PURPOSE: To consider the proposed rezoning of approximately 15, 385 acres from Protected Watershed II (PW-II ) and Water Quality Critical Area (WQCA) to a proposed new zoning district classification, the University Lake Watershed (ULW) District. The proposal was presented at public hearing on February 28, 1990 . BACKGROUND: In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Following the release of the Final Report, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions, requesting that the Joint Chatham-Orange Work Group review the study and provide recommended strategies for its implementation. In October, 1989, the Work Group completed a proposed 13-point agreement on University Lake watershed protection. While a specific zoning designation was not recommended by the Work Group, it is the intent of the University Lake Watershed (ULW) District is to apply a set of development standards which would protect the watershed by preventing pollution generated by future development 2 from reaching University Lake. It is the development standards which the Work Group addressed during its deliberations. The standards are to be considered as a separate agenda item - see proposed Zoning Ordinance text amendments . The proposed ULW district would overlay other zoning districts established by the Orange County Zoning Ordinance. Specifically, the existing overlay zoning districts (PW-II and WQCA) would be removed and the new ULW district would be applied. The underlying zoning district designation of Rural Buffer (RB) would remain unchanged. The ULW zoning district designation would apply to all land located in University Lake Watershed within Orange County' s jurisdiction (see attached map) . An overlay approach is proposed to provide consistency with that used for other watersheds in Orange County and with the Rural Buffer concepts embodied in the Joint Planning Land Use Plan and Agreement. At a special meeting on March 28, 1990, the Planning Board, by unanimous vote, recommended approval of the proposed amendment to the Zoning Atlas . RECOMMENDATION: The Administration recommends approval of the proposed amendment to the Zoning Atlas per the Planning Board recommendation. UNIVSITY LAKE WATERS= ' 3 * W— t =:. "'` P CTED(WATERSHED ' 0 ER , AY 6 I= TRICT (Existing) y.:�"fX'. ,::6t>. 4s..1. /may. . Sep','..:3,...:. 40 rd• -*� y�:yF,:YtA'i ,.'f,.:ifj`Fi Y�.S' rrW... `.fie` ,::: , 1 • ;,,�.y'sa ;:; .�s ' 4C SCRoCIR _ \ .S\illik.\\J\ r..' C1ITfiKy ; :.. . R of"ig ::";.. .""'T:'.,,..: •.R,•d e:.'..� [. ,".:':' 71" M�Y�P' ' P trey 4. i*\ � •� �� is tie:. -- «�": _... %']ri/... / J i c ti f ,M- .v=µµ~'.'Vv,: P may' �� 6 'w! all fi 1 N 1 xd r, __.nom.«..•. - --- - �� 4+ i •_____ .__ NI " ...„ 4 I f � t3 41111t.. ...TWO C.~ —__ Y k"w' Z I'n :m :% •:Y.:m,: P : K.:w a = M,-;w ) W - ER QUALITY _.:w; . 1 ITICAL AREA ULW UNIYERSITY • - `_ , w < . 0 ERLAY DISTRICT (Existing) WATERSHED 0 -• r � - _ DISTRICT (Prop "-`. - "'._.• • RB -- RURAL BUFFER UNDERLYING DISTRICT (Existing) Ga 7 4 recommendation with Alternative #2 (attachment to these minutes) . Seconded by Best. Collins asked if the Board preferred Alternative #2 as presented at public hearing to the revised version on page 49 of the agenda. Jacobs asked if the revision reflected a longer time frame than April 1991 . Collins responded it did, since the studies of the advisability of extending public water and sewer, and permitting the use of alternative systems would be completed by April 1991 . Following the receipt of the studies, the three jurisdictions must have time to review the proposals and make a decision. Any prohibition of such services/systems would not be lifted until a decision by all three jurisdictions to do so. Jacobs asked if Collins preferred the revision on page 49 . Collins responded yes, and Jacobs indicated he would amend his motion to accept the revision. Accepted by Best. VOTE: 9 in favor. 2 opposed (Lewis, Waddell) . 11> AGENDA ITEM #4c. Orange County Comprehensive Plan #4d. Orange County Zoning Atlas MOTION: Jacobs moved approval of the Planning Staff' s recommendation. Seconded by Best. Best asked if Eidenier still had concerns about the deletion of the "Critical Area" . Eidenier responded that if some land is going to be bought which is more critical than other, there should be a way to defining it. Best continued, asking the reason for deleting the word "Critical" . Collins responded that the CDM report indicated the watershed as a whole should be considered as a critical area, so one zoning district was proposed with a higher level of protection. VOTE: Unanimous . AGENDA ITEM #4a. Joint Planning Land Use Plan and Text #4b. Joint Planning Agreement MOTION: Jacobs moved to recommend to the Board of County ‘Ii■ Mrr 1 0 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 Action Agenda Item # )(-E SUBJECT: Proposed Amendments - Orange County Zoning Ordinance DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Amendments Planning Director - Extension 346 Draft 3/28/90 Planning Board Minutes TELEPHONE NUMBERS: Draft 3/26/90 Willhoit Proposal Hillsborough - 732-8181 Durham - 688-7331 NOTE: PUBLIC HEARING MINUTES Mebane - 227-2031 AND EVIDENCE RECEIVED AFTER Chapel Hill - 967-9251/968-4501 THE HEARING ARE INCLUDED AS A SEPARATE ENCLOSURE. PURPOSE: To consider proposed amendments to the Orange County Zoning Ordinance. The proposed amendments are being made to implement, in part, recommended strategies for the protection of University Lake Watershed. The proposals were presented at public hearing on February 28, 1990. BACKGROUND: In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Following the release of the Final Report, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions, requesting that the Joint Chatham-Orange Work Group review the study and provide recommended strategies for its implementation. In October, 1989, the Work Group completed a proposed 13-point agreement on University Lake watershed protection. To implement the recommended strategies for watershed protection, the Work Group directed staff to identify needed changes to existing development regulations . Two options are presented for consideration. a -wJ 2 • Option 11 is based on the land use control strategy recommended by CDM and the Joint Watershed Work Group. The most basic provisions of Option #1 include a minimum lot size requirement of five (5) acres and a maximum density of one ( 1) unit per five (5) acres for any development. Cluster subdivisions with lot sizes of not less than one ( 1) acre are also allowed as well as the creation of a limited number (5) of two-acre lots. As an alternative to the latter provision, the number of new two-acre lots which can be created may be limited to two (2) in order to maintain higher water quality levels. Development standards for impervious surface coverage; stream buffers; placement of streets, driveways, and buildings; and water supply/sewage disposal facilities are also proposed. The CDM study recommended a four percent (4%) impervious surface limitation for five-acre lots, while the proposed 13-point, agreement of the watershedeWorke Group included a four percent (4%) limit elVespercentpercent (12%)$for for lotstwo smallerfive-acre lots, two twelve percent acres . tw A more workable six percent ( 6%) ratio has been for proposed by the Orange five-acre lots . To account for acres, existing lots of less than five acres, and the limited number of two-acre lots which may be created, a 4, sliding scale of impervious surface ratios is proposed, ranging from four percent (4%) for six-acre lots to fifteen percent ( 15%) for half-acre lots . Option 12 is based on the structural best management practice approach recommended by CDM. The provisions of Option #2 are similar to Option #1 except that a minimum lot size of two (2) acres and a maximum density of one (1) unit per two (2 ) acres is allowed. A twelve percent (12%) impervious surface limitation has been proposed by the Orange County Planning Department for two-acre lots in lieu of the six percent (6%) limit recommended by CDM. In the case of the Orange County Planning Department proposal, the same sliding scale for lots larger than or smaller than two acres as proposed above would be applicable. Rather than providing for regional stormwater detention ponds as recommended by CDM, Option #2 would require the provision of on-site facilities to trap pollutants . A full description of the proposed changes is included in the attached information. At the February 28 public hearing, the Planning Director recommended approval of the proposed amendments, including Option #1 with a 5-acre minimum 3 lot size requirement and a sliding scale of impervious surface ratios (4% for 6-acre lots to 15% for one-half acre lots) . OWASA endorsed the 13-point agreement, including lower impervious surface ratios of 4% for 5-acre lots, 6% for 2-acre lots, and 12% for 1-acre lots. The basis for OWASA's position is that the 13-point agreement will increase total impervious coverage in the watershed to 7 . 1% and predicted chlorophyll to 24.5 ug/1. Under the higher impervious surface standards recommended by the Planning Director, impervious coverage would be 7 .4% and predicted chlorophyll would be 26.2 ug/1. Information provided by OWASA at the public hearing indicated that higher impervious surface ratios could be permitted if the number of 2-acre lots which could be created was reduced from 5 to 2 . The same percentages of impervious coverage and predicted chlorophyll would result as predicted under the 13- point agreement. Subsequent to the public hearing, OWASA staff also suggested the possibility of applying the impervious surface ratios contained in the 13-point agreement to newly created lots and applying the County staff proposal to existing lots. CDM indicated that the margin of error in its predictions ranged from 10-15% . Using the higher percentage, the amount of impervious coverage resulting from its 5-acre, 4% scenario would be 7 .25% and predicted chlorophyll would be 25. 76 ug/1 . Dr. Alice Gordon recommended that consideration be given to the purchase of 800-900 acres of critical lands in the watershed. The purchase of such lands would offset the higher impervious surface standards recommended by the Planning Director, reducing the impervious coverage from 7 .4% to 7 . 1% . At a special meeting on March 28, 1990, the Planning Director recommended that the Planning Board approve the proposed amendments, including the following: 1 . Approval of Option #1 (five-acre zoning strategy) ; and 2. Approval of the sliding scale of impervious surface ratios, ranging from four percent (4%) for six-acre lots to fifteen percent ( 15%) for half-acre lots. In conjunction with the above, the Planning Director recommended that a study be undertaken to determine the actual amount of land which must be purchased (taken out of development) to reduce the projected impervious 4 coverage in the watershed from 7 .4% to 7 . 1% . The study should also seek to identify methods of financing the purchase and the most critical land areas for acquisition. The following revisions to proposed ordinance wording were also recommended for approval: 1 . Amend the proposed Article 6.25 . 7 to read as follows : Every principal use and every lot within a subdivision shall be served by a water supply and sewage disposal system that is adequate to accommodate the needs of such use or subdivision lot and that complies with all applicable regulations of the Orange County Health Department. Notwithstanding the above provisions, water supply and sewage treatment systems shall be limited to individual wells and on-site septic systems or individual on-site alternative disposal systems . "On-site" shall mean that no system will be permitted where effluent disposal occurs on a separate lot from the source of wastewater generation. The use of community alternative wastewater disposal systems and public water and sewer service is restricted as specified in Article 6 . 15 .2 .a. of this Ordinance. No new septic tanks and their nitrification fields shall be located within a designated stream buffer zone or within one hundred ( 100) feet of a perennial or intermittent stream as shown on the USGS quadrangle maps for Orange County, whichever is the greater distance. 2 . Amend the proposed Article 6. 15.2 to read as follows: a. University Lake Watershed 1 . Area Affected - These standards shall apply to the University Lake Watershed. 2 . Nature and Duration of Standards - The following interim development standards shall apply: a) Community alternative treatment and disposal systems as water and sewer service will not be permitted in the University Lake watershed except to address a p ubli- 5 health emergency as determined by • the Orange County Health Department. b) By April 30, 1991, studies will be conducted to determine the advisability of making public water and sewer services available within the watershed. In addition, a pilot program for monitoring and inspecting alternative treatment and disposal systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. c) Following receipt and review of the above mentioned studies, a decision will be made regarding the use of alternative treatment and disposal systems and the availability of public water and sewer services in the watershed. The Planning Board, by a vote of 8 to 3, recommended approval of the amendments as proposed by the Planning Director with the following changes and additions : 40 1 . Revision of the sliding scale of impervious surface ratios to allow 4% coverage for seven-acre lots instead of six-acre lots as proposed by the Planning Director. 2 . Inclusion of a 0 . 62 runoff coefficient for gravel driveways; i.e. , 62% of a gravel driveway would be considered as impervious in calculating allowable impervious coverage. 3 . Permit an average lot size of five or more acres for any development, including cluster subdivisions, rather than relying on a minimum required lot size of five acres. For developments which provide up to five two-acre lots, permit lot size averaging as well. As part of the same action, the Planning Board approved a resolution urging implementation of the proposals of Commissioner Willhoit as outlined below: 1 . Committing to the public acquisition of land and/or the purchase of development rights to reduce future pollutant loading potential; • 2 . Providing tax incentives for "environmental 6 easements" patterned after agricultural use-value • assessments;. 3. Determining the location of the majority of two- acre acre and smaller lots and the use of structural BMP's in sub-basins serving existing small lot subdivisions; i.e. , East Prices Creek (Heritage Hills) and West Prices Creek (Chatham County) ; and 4. Proceeding with the review and implementation of the 13-point agreement. RECOMMENDATION: The Administration recommends approval of the amendments as proposed by the Planning Director but with the following revision as recommended by the Planning Board: 1 . Revision of the sliding scale of impervious surface ratios to allow 4% coverage for seven-acre lots instead of six-acre lots as proposed by the Planning Director. The Administration also supports the resolution adopted by the Planning Board and recommends that the proposals therein be pursued through the Intergovernmental Watershed Work Group. The Administration recognizes that lot size and 4110 impervious surface averaging as well as the use of runoff coefficients provides flexibility. However, the impact of such proposals on the watershed has not been fully determined. Until such impacts are evaluated, the Administration believes that the basic strategy recommended by the Planning Director provides an approach assuring compliance and ease of administration. 411 gg ir\i If 7 Boland asked how many landowners are on the watershed work group. Collins responded that there are no landowners on the work group. It is comprised of elected representatives of the two municipalities and the County. Boland responded she felt this was unfair representation. Burklin asked about the rate of development Collins expected within the next six months in the watershed. Collins responded that the rate of growth over the last eighteen months has been very low. During 1988 , there were 40-50 building permits issued in the watershed. In 1989, the number of permits declined by half . The decline follows the trend occurring throughout the County. Jacobs noted that the Planning Board could make a specific recommendation addressing the equity issue as well as impervious surface ratios . Jacobs also no o noted that the concept of lot size averaging longer included as part of the Planning recommendation. AMENDED MOTION: Recommend to the Board of County Commissioners that they not accept the proposed amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement but extend the interim standards until the equity issue has been addressed. VOTE: 4 in favor (Boland, Lewis, Reid, Waddell) . 7 opposed (Eidenier, Cantrell, Jacobs, Hamilton, Eddleman, Burklin) . AGENDA ITEM #4e: Orange County Zoning Ordinance Best suggested that the Board discuss minimum lot size standards and lot size averaging. Other issues for discussion should be the planned extension of water and sewer, and the equity issue. Collins asked that the Board remember that the discussion must be in the context of the Joint Planning Area Agreement and the Joint Planning Area Land Use Plan. Collins referred to a proposal from Commissioner Don Willhoit. The proposal represents an alternative way of trying to address the concerns of the municipalities and balancing those with the Staff recommendations. He asked Commissioner Willhoit if he wished to comment on the proposal before having the discussion proposed by Best. (A copy of the proposal and recommendations is an attachment to these minutes on pages • ) n n U Ju U1 • Commissioner Willhoit stated that his proposal was an attempt to address the equity issue without• ill The difference for 2-acre lots is greater, but not by much. Mr . Collins ' calculations indicate that the impervious surface for an assortment of 2-acre lots would be approximately 7% if a maximum of 12% was applied to individual lots . The 13-point . agreement called fdr 6%. Again if the 6% in the 13-point agreement is to be interpreted as an average, • it is close to that computed to result from the application of a 12% maximum for individual lots . RECOMMENDATIONS A. For April 2 , 1990 1 . Consider that the basic recommendations of the 13-point agreement and the Orange County planning staff are equiv- alent in that the 13-point figures refer to averages and the staff recommendations refer to individual lots . 2 . Modify the formula for the number of 2-acre lots that can be created to one that specifies the number of lots and permits averaging. For example, from a 20-acre tract , allow creation of 7 2 . 66-acre lots as an alternative to 2 5-acre lots plus 5 2-acre lots. 3 . Adopt a sliding scale of average and maximum impervious surface requirements for lots smaller than 5 acres (averages H only to apply to new subdivisions) . B. • Beyond April 2 , 1990 1 . Commit to public acquisition of land to reduce future pollutant loading potential , 2 . Proviee tax incentives for "environmental easements " patterned after agricultural use-value assessments . 3 . • Determine location of majority of 2-acre and smaller lots and use structural BY.Ps in subbasins serving existing small lot subdivisions , e.g. , East Price ' s Creek (Heritage :ills) and West Price ' s Creek (Chatham County) . . 4 . Proceed with review and implementation of 13-point agreement . 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IS ..41 I i ' el ' : I I , ■ !I - • ' , • , , - , ■ I 1 , , ,-, • , , •-•"12( , , ' . , U) •. , , • . , or 1 I I 1 I 1 -T- T- T I I 1 ei , Z : ' . 1 •1-1 ' Q 011 let •/". el Q el le! "Ir. el Q co 0 ,r. ri q : I,' l0 0 0 0 45 til 4.1 ul tn •ul 1' .I' ,t ,e le ' . 1-1 0 , H 0-1 • 1 • , ; • , , 0."•-•• E , ; , 33YAkins SnOle,tild111 Ai , , ' c_)c) . ! . . . , • CV ; . ;, , , , . ,.---....... • I : , , 1. • I ; • • . . • , . ; .,....______,__,..,_, . . :_.. • .... _..... . , .., .. .. ... _ __. . .. . .... . . . .. . , „ ..,,. ... _ : .-• • -• -• .- •- • 17 PROPOSED AMENDMENTS TO THE ORANGE COUNTY ZONING ORDINANCE. TO IMPLEMENT THE UNIVERSITY LAKE WATERSHED PROTECTION STRATEGIES Listed below are proposed amendments to the Orange County zoning Ordinance. If adopted, the amendments would implement the strategies for watershed protection identified in the Final Report - University. Lake Watershed Study dated March, 1989, and the basic strategies identified in the proposed 13-point agreement prepared by the Joint Watershed Work Group and dated October, 1989. Two options are presented for consideration. Option I.1_ is based on the land use control strategy recommended by Camp, Dresser & McKee (CDM) , the consultants who prepared the university Lake Watershed Study, and the Joint Watershed Work Group. The most basic provisions of Option ionmu . include a minimum lot size requirement of five (5) acres and density of one (1) unit per five (5) acres for any development. Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed as well as the creation of a limited number (5) of two- acre lots. As an alternative to the latter provision, the number of new two-acre lots which can be created may be limited to two (2) in order to maintain higher water quality levels. Development standards for impervious surface coverage; stream buffers; placement of streets, driveways, and buildings; and water supply/sewage disposal facilities are also proposed. The CDM study recommends a four percent (4%) impervious surface limitation for five-acre lots, while the proposed 13-point agreement of the watershed Work Group included a four percent (4%) limit for five- acre lots, six percent (5%) for two to five-acre lots, and twelve percent (12%) for lots smaller than two acres. In addition to the Work Group proposal, a more workable six percent (6%) ratio has been proposed b the Orange County Planning Department for five-acre lots. To account for lots larger than five acres, existing lots of less than five acres, and the limited number of two-acre lots which may be created, a sliding scale of impervious surface ratios is proposed, ranging from four percent (4%) for six-acre lots to fifteen percent (15%) for half-acre lots. Option #2 is based on the structural best management practice approach recommended by CDM. The provisions of Option #2 are similar to Option #1 except that a minimum lot size of two (2) acres and a maximum density of one (1) unit per two (2) acres is allowed. A twelve percent (12%) impervious surface limitation has been proposed by the Orange County Planning Department for two-acre lots in lieu of the six percent (6%) limit recommended by CDM. In the case of the Orange County Planning Department proposal, the same sliding scale for lots larger than or smaller than two acres as proposed above would be applicable. Rather than providing for regional stormwater detention ponds as recommended by CDM, Option #2 would require the provision of on-site facilities to trap pollutants. Both Option #1 and Option #2 are being presented at a special public - _ hearing on February 28, 1990. The proposals involve amendments to Orange County's Zoning Ordinance and require only the approval of the 4 20 a. University Lake Watershed p 1 . Area Affected - These standards shall apply to the University Lake Watershed. 2 . Nature and Duration of Standards - The following interim development standards shall apply: a) Community alternative treatment and disposal systems will not be permitted in the University Lake watershed until April 30, 1991 . During this period, a pilot program for monitoring and inspecting such systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. b) Public water service will not be permitted in the University Lake watershed until April 30, 1991 . During this period, a study will be conducted to determine the advisability of making public water services available within the watershed. c-1) [Alternative #1] Public sewer service will not be permitted in the University Lake watershed except to address a public health emergency as determined by the Orange County Health Department. c-2 ) (Alternative #2] Public sewer service will not be permitted in the University Lake watershed until April 30, 1991, except to address a public health emergency as determined by the Orange County Health Department. During this period, a study will be conducted to determine the advisability of making public sewer services available within the watershed. [The proposed amendments incorporate temporary restrictions on the use of community alternative wastewater treatment systems and the extension of public water in the watershed until certain askseaare accomplished. Two alternatives are provided regarding public extensions. Alternative #1 is an out-right restriction on such extensions except to serve a public health hazard. Alternative # is a temporary restriction until it is determined (via a study) that such extensions can be permitted without encouraging higher densities and threatening the goal of minimizing water quality deterioration. ] F. Amend Article 6 .25 Extra Requirements for the Qr Trans.ortatio , Corridor (MTC1_ District by renumbering (The proposed amendment provides space lfor aenewthrticle establishing development standards applicable ti 21 University Lake Watershed (ULW) District. ] IDG. Amend Article 6 by adding a new Article 6 .25 Development Standards for the University Lake Watershed (ULW) District to read as follows: OPTION. 11 FIVE-ACRE MINIMUM LOT SIZES 6 .25 Development Standards for the University Lake Watershed (ULWZ District Within the University Lake Watershed (ULW) District, significant water quality deterioration may be prevented by land use controls which reduce the pollution from future development. For this reason, the new use of any land or any new structure within the ULW district shall comply with the following development standards : 6.25. 1 Minimum Lot Size Regulated The minimum required lot size for any use in the University Lake Watershed (ULW) District shall be five (5) acres except as may be permitted in Article 6 .25.2 or Article 6 .25 . 3 . In addition, no residential development shall exceed a density of one ( 1) dwelling unit per five (5) acres except as may be permitted in Article 6 .25 .2 . 6 . 25 .2 Existing Lots of Record a. Existing lots of record as of October 2, 1989 can be subdivided to create up to five (5) lots of not less than two (2) acres in size; provided, however, the remaining land shall be developed with a minimum lot size of at least five (5) acres for each lot and at a density not to exceed one ( 1) dwelling unit per five (5) acres of land area. [OR] a. Existing lots of record as of October 2, 1989 can be subdivided to create up to two (2) lots of not less than two (2 ) acres in size; provided, however, the remaining land shall be developed with a minimum lot size of at least five (5) acres for each lot and at a density not to exceed one ( 1) dwelling unit per five (5) acres of land area. b. Existing lots of record as of October 2, 1989 that are less than five (5) acres in size and which cannot be further subdivided can be developed by the owner at the current lot size. 22 6.25. 3 Cluster Alternative Cluster developments are permitted, provided the minimum • lot size for each lot in the development is not less than one ( 1) acre, and the overall density of the development, including the land area saved by lot size reductions, does not exceed one ( 1) dwelling unit per five (5) acres. All land area saved by lot size reductions shall be reserved as permanent open space. If cluster open space is not dedicated for public use, it shall be subject to approved arrangements sufficient to assure its maintenance and preservation. Such arrangements may include, but not be limited to, the conveyance of the open space to a local or regional land conservancy or a homeowners association, provided the subdivider shall record a declaration of covenants and restrictions which prohibits further subdivision of the open space as well as its use for development purposes. If needed to control pollution loadings resulting from the runoff from impervious surfaces in a cluster development, on-site wet detention basins or ponds may be required. Where required, the design of such facilities shall be based on the criteria set forth in the Final Report = University Lake Water Study dated March, 1989 . Provision shall also be made for the public inspection and maintenance of such facilities . 6.25.4 Impervious Surface Regulated An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Impervious surfaces shall include both paved and unpaved surfaces, including, but not limited to, streets and parking areas, driveways, sidewalks, patios, and structures which cover the land. In order to promote the infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and University Lake reservoir, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios for University Lake Watershed - Section 6.25.4. Impervious surface calculations for an individual lot shall be cumulative, including the original construction and any subsequent additions thereto. The calculation of impervious surface coverage for . an individual lot shall also include one-half of the street surface on which the lot fronts or abuts; provided, however, the impervious surface calculation 23 will not include the surface of any street existing a on April 2, 1990 unless the street is upgradednto width greater width. In such cases, only shall be included in calculating the impervious surface coverage. It is the intent of this section that the impervious limitations specified herein shall apply entire tract to be developed. Therefore, if the subdivision involves the creation of any street or other impervious en outside the so created, then may be determined as follows : a. The total area of permissible impervious surface for the entire subdivision shall be calculated, applying the percentage limitations set forth in Table 6 .25.4. b. From the total area calculated pursuant to a. above, there shall be subtracted the impervious surface area within streets and other areas outside of the individual lot boundaries. c. Following the calculation set forth in b. above, the remaining permissible impervious surface shall . be allocated equally to each lot by the subdivider or as may be approved by the Zoning Officer. The allocation shall be indicated on a separate document recorded together with the final subdivision plat. For conventional subdivisions to be developed in accordance with the provisions of Article 6.25 . 1 and cluster subdivisions to be developed in accordance erwith the provisions of Article 6 .25 .3, an impervious limitation of four percent (4%) for six percent (6%) ] shall apply to the entire tract to be developed. For an existing lot of record to be developed in accordance with the provisions of Article 6 .25.2b. , the full range of impervious surface ratios specified in Table 6 .25.4 is applicable. 6 .25.5 Stream Buffers fers Required The effective use of buffer zones along streams can increase the overall factor of safety associated with a watershed protection plan. By preventing development from encroaching on streams, buffer zones can help minimize stream channel erosion downstream of development. If properly situated and kept in undisturbed natural vegetation, buffer zones will receive sheetflow runoff; i.e. , runoff which flows slowly in a spread out pattern rather than being 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 Action Agenda Item # Y 116F SUBJECT: Proposed Amendments - Orange County Subdivision Regulations DEPARTMENT: Planning PUBLIC HEARING: Yes X_No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Amendments Planning Director - Extension 346 Draft 3/2/90 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 NOTE: PUBLIC HEARING MINUTES Durham - 688-7331 AND EVIDENCE RECEIVED AFTER Mebane - 227-2031 THE HEARING ARE INCLUDED AS A Chapel Hill - 967-9251/968-4501 SEPARATE ENCLOSURE. PURPOSE: To consider proposed amendments to the Orange County Subdivision Regulations . The proposed amendments are being made to implement, in part, recommended strategies for the protection of University Lake Watershed. The proposals were presented at public hearing on February 28, 1990 . BACKGROUND: In 1988, the Orange Water and Sewer Authority commissioned a study to develop a range of options for protecting the University Lake watershed. The consulting firm of Camp, Dresser and McKee (CDM) , nationally recognized experts in watershed evaluation, completed the study in March, 1989 . Following the release of the Final Report, the governing boards of Orange County, Chapel Hill, and Carrboro adopted resolutions, requesting that the Joint Chatham-Orange Work Group review the study and provide recommended strategies for its implementation. In October, 1989, the Work Group completed a proposed 13-point agreement on University Lake watershed protection. To implement the recommended strategies for watershed protection, the Work Group directed staff to identify needed changes to existing development regulations. The following amendments are recommended: 2 1 . Cross reference development standards of the Zoning Ordinance which are applicable to cluster subdivisions in the University Lake Watershed (ULW) District. 2 . Allow cluster developments in the University Lake Watershed (ULW) District to comply with the development standards (one-acre minimum lot size) set forth the Orange County Zoning Ordinance rather than require compliance with the permitted reduction of fifty percent to 2 .5-acre minimum lot sizes (based on five-acre zoning) specified in the Subdivision Regulations . 3 . Incorporate temporary restrictions on the use of community alternative wastewater treatment systems and the extension of public water in the watershed until feasibility studies are completed. Two alternatives are provided regarding public sewer extensions . Alternative #1 is an out-right restriction on such extensions except to serve a public health hazard. Alternative #2 is a temporary restriction until it is determined (via a study) that such extensions can be permitted without encouraging higher densities and threatening the goal of minimizing water quality deterioration. 4 . Require that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by the University Lake Watershed (ULW) District be shown on a preliminary subdivision plat. 5. Require that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by the University Lake Watershed (ULW) District be shown on a final subdivision plat or on a separate document recorded with the final plat. A full description of the proposed changes is included in the attached information. At a special meeting on March 28, 1990, the Planning Board, by a vote of 9 to 2, recommended approval of the proposed amendments, including an option for dealing with restrictions on the use of alternative systems and the extension of public water and sewer lines . In conjunction with the above, the following revision to the proposed ordinance wording is recommended: 3 1 . Cross reference development standards of the Zoning Ordinance which are applicable to cluster subdivisions in the University Lake Watershed (ULW) District. 2 . Allow cluster developments in the University Lake Watershed (ULW) District to comply with the development standards (one-acre minimum lot size) set forth the Orange County Zoning Ordinance rather than require compliance with the permitted reduction of fifty percent to 2 .5-acre minimum lot sizes (based on five-acre zoning) specified in the Subdivision Regulations . 3. Incorporate temporary restrictions on the use of community alternative wastewater treatment systems and the extension of public water in the watershed until feasibility studies are completed. Two alternatives are provided regarding public sewer extensions . Alternative #1 is an out-right restriction on such extensions except to serve a public health hazard. Alternative #2 is a temporary restriction until it is determined (via a study) that such extensions can be permitted without encouraging higher densities and threatening the goal of minimizing water quality deterioration. 4 . Require that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by the University Lake Watershed (ULW) District be shown on a preliminary subdivision plat. 5 . Require that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by the University Lake Watershed (ULW) District be shown on a final subdivision plat or on a separate document recorded with the final plat. A full description of the proposed changes is included in the attached information. At a special meeting on March 28, 1990, the Planning Board, by a vote of 9 to 2, recommended approval of the proposed amendments, including an option for dealing with restrictions on the use of alternative systems and the extension of public water and sewer lines. In conjunction with the above, the following revision to the proposed ordinance wording is recommended: 4 r 1 . Amend the proposed Section IV-C to read as follows: a. University Lake Watershed 1 . Area Affected - These standards shall apply to the University Lake Watershed. 2 . Nature and Duration of Standards - The following interim development standards shall apply: a) Community alternative treatment and disposal systems as well as public water and sewer service will not be permitted in the University Lake watershed except to address a public health emergency as determined by the Orange County Health Department. b) By April 30, 1991, studies will be conducted to determine the advisability of making public water and sewer services available within the watershed. In addition, a pilot program for monitoring and inspecting alternative treatment and disposal systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. c) Following receipt and review of the above mentioned studies, a decision will be made regarding the use of alternative treatment and disposal systems and the availability of public water and sewer services in the watershed. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board recommendation. 5 PROPOSED AMENDMENTS TO THE ORANGE COUNTY SUBDIVISION REGULATIONS TO IMPLEMENT THE UNIVERSITY LAKE WATERSHED PROTECTION STRATEGIES Listed below are proposed amendments to the Orange County Subdivision Regulations. If adopted, the amendments would supplement proposed Zoning Ordinance amendments to implement strategies for watershed protection identified in the Final Report -University Lake Watershed Study dated March, 1989, and the basic strategies identified in the proposed 13-point agreement prepared by the Joint Watershed Work Group and dated October, 1989. For a complete understanding of the proposals, reference should also be made to the proposed amendments to the Zoning Ordinance. The proposed amendments are being presented at a special public hearing on February 28, 1990. The proposals involve amendments to Orange County's Subdivision Regulations and require only the approval of the Board of Commissioners. Upon completion of the public hearing, and following receipt of the Planning Board's recommendation, the Board of Commissioners may adopt Option #1, Option #2 or some combination of the two. The specific wording proposed for various sections of the Subdivision Regulations is listed below. Explanatory comments appear after the ordinance proposals in [italics] . 1 . Amend Section IV-B-10 Cluster Developments by adding a new subsection g) to Section IV-B-10-b to read as follows : g) Cluster developments in the University Lake Watershed (ULW) District shall comply with the development standards as set forth in Article 6 .25 of the Orange County Zoning Ordinance. [The proposed amendment cross references the development standards applicable to cluster subdivisions in the University Lake Watershed (ULW) District. ] 2 . Amend Section IV-B-10 Cluster Developments by rewriting the introductory paragraph of Section IV-B-10-c to read as follows: For lots created as part of a cluster development, minimum lot area, lot width, and setback requirements as specified in Article 4 . 1 .2 of the Orange County Zoning Ordinance may be reduced as set forth below. For lots created as part of a cluster development in the University Lake Watershed (ULW) District, the minimum lot size may be reduced as specified in Article 6.25 of the Zoning Ordinance. [The proposed amendment would allow cluster developments in the University Lake Watershed (ULW) District to comply with the development standards (one-acre minimum lot size) set forth in Article 6.25 of the Orange County Zoning Ordinance rather than require compliance with the permitted reduction of fifty percent to 2.5-acre minimum lot sizes specified in Section IV-B-10-c. ] 6 3. Amend Section IV-C Interim Development Standards by rewriting subsection IV-C-2 .a. to read as follows : a. University Lake Watershed 1 . Area Affected - These standards shall apply to the University Lake Watershed. 2 . Nature and Duration of Standards - The following interim development standards shall apply: a) Community alternative treatment and, disposal systems will not be permitted in the University Lake watershed until April 30, 1991 . During this period, a pilot program for monitoring and inspecting such systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. b) Public water service will not be permitted in the University Lake watershed until April 30, 1991 . During this period, a study will be conducted to determine the advisability of making public water services available within the watershed. c-1) [Alternative #1] Public sewer service will not be permitted in the University Lake watershed except to address a public health emergency as determined by the Orange County Health Department. c-2) [Alternative #2] Public sewer service will not be permitted in the University Lake watershed until April 30, 1991, except to address a public health emergency. During this period, a study will be conducted to determine the advisability of making public sewer services available within the watershed. [The proposed amendments incorporate temporary restrictions on the use of community alternative wastewater treatment systems and the extension of public water in the watershed until certain tasks are accomplished. Two alternatives are provided regarding public sewer extensions. Alternative #1 is an out-right restriction on such extensions except to serve a public health hazard. Alternative #2 is a temporary restriction until it is determined (via a study) that such extensions can be permitted without encouraging higher densities and threatening the goal of minimizing water quality deterioration. ] 4 . Amend Section V-C Preliminary Plat by rewriting subsection V-C-6 as follows : V-C-6 Floodway and Watershed Data 7 The boundaries for both the floodway and floodway fringe areas shall be designated and labeled on the plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be designated and labeled on the plat: (a) Impervious surface data as required by Articles 6.23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance; (b) Stream buffers as required by Section IV-B-9-b of this Ordinance or Articles 6.23, 6. 24, and/or 6 .25 of the Orange County Zoning Ordinance; and (c) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c of this Ordinance, the Orange County Sedimentation and Erosion Control Ordinance or Articles 6 .23, 6.24, and/or 6.25 of the Orange County Zoning Ordinance. [The proposed amendment requires that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by Article 6.25 - University Lake Watershed (ULW) District - of the Orange County Zoning Ordinance be shown on a preliminary subdivision olat. ] 5 . Amend Section V-D Final Plat by rewriting subsection V-D-5-d as follows : V-D-5-d Floodway and Watershed Data The boundaries for both the floodway and floodway fringe areas shall be designated and labeled on the plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be designated or referenced on the Final Plat: (a) Impervious surface data as required by Article 6.23, 6 .24 and/or 6 .25 of the Orange County Zoning Ordinance shall be provided in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference of the document shall be noted on the Final Plat. (b) Stream buffers as required by Section IV-B--9-b of 8 this Ordinance or Articles 6. 23, 6 .24, and/or 6.25 of the Orange County Zoning Ordinance shall be noted on the Final Plat. Development restrictions within the buffer shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (c) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c of this Ordinance and/or Articles 6 .23, 6 .24, and/or 6 . 25 of the Orange County Zoning Ordinance shall be labeled on the Final Plat. Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. [The proposed amendment requires that impervious surface data, stream buffers, and stormwater detention and/or retention sites as required by Article 6.25 - University Lake Watershed (ULW) District- of the Orange County Zoning Ordinance be shown on a final subdivision plat or on a separate document recorded with the final plat. ] • r 3 @MAUI' r a Eidenier noted that the motion covered Agenda Item 4e. Orange County Zoning Ordinance. Waddell asked for a brief synopsis of Agenda Item 4e. Collins made the following presentation: This section takes the University Lake Watershed out of the Protected Watershed District and removes it from the Water Quality Critical Area. It creates a new overlay zoning district entitled University Lake Watershed District. It sets development standards for minimum lot size, recognizes existing lots of record, cluster development. It revises the Interim Development Standards to prohibit the extension of public water and sewer in the University Lake Water System except to address an emergency situation. That prohibition will be in effect at least until 1991 when the results of the study are presented. It also establishes impervious surface standards, establishes buffer zones along intermittent streams, the width of the buffers would be calculated using the recommended procedure contained in the CDM report. It contains general guidelines for the placement of streets, driveways and buildings within developments specifically restricting them from stream buffers, floodplains, wetlands, lands with slopes greater than 15% and natural areas as defined in the Inventory of Natural Areas and Wildlife Habitats of Orange County, N.C. It requires that single-family detached dwellings and duplexes and accessory structures located in the watershed be subject to site plan approval procedures. AMENDED MOTION: Jacobs moved to amend section B 1 of Commissioner Willhoit's recommendation to read as follows : Commit to public acquisition of land and/or development rights to reduce future pollutant loading potential. The amendment was accepted by the Best and Cantrell. VOTE: 8 in favor. 3 opposed (Lewis, Reid, Waddell) . I> AGENDA ITEM #4f. Orange County Subdivision Regulations MOTION: Jacobs moved approval of the Planning Staff's DMA0 recommendation with Alternative #2 (attachment to these minutes) . Seconded by Best. Collins asked if the Board preferred Alternative #2 as presented at public hearing to the revised version on page 49 of the agenda. Jacobs asked if the revision reflected a longer time frame than April 1991 . Collins responded it did, since the studies of the advisability of extending public water and sewer, and permitting the use of alternative systems would be completed by April 1991 . Following the receipt of the studies, the three jurisdictions must have time to review the proposals and make a decision. Any prohibition of such services/systems would not be lifted until a decision by all three jurisdictions to do so. Jacobs asked if Collins preferred the revision on page 49 . Collins responded yes, and Jacobs indicated he would amend his motion to accept the revision. Accepted by Best. VOTE: 9 in favor. 2 opposed (Lewis, Waddell) . AGENDA ITEM #4c. Orange County Comprehensive Plan #4d. Orange County Zoning Atlas MOTION: Jacobs moved approval of the Planning Staff ' s recommendation. Seconded by Best. Best asked if Eidenier still had concerns about the deletion of the "Critical Area" . Eidenier responded that if some land is going to be bought which is more critical than other, there should be a way to defining it. Best continued, asking the reason for deleting the word "Critical" . Collins responded that the CDM report indicated the watershed as a whole should be considered as a critical area, so one zoning district was proposed with a higher level of protection. VOTE: Unanimous . AGENDA ITEM #4a. Joint Planning Land Use Plan and Text #4b. Joint Planning Agreement MOTION: Jacobs moved to recommend to the Board of County T 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 2, 1990 Action Agenda Item # X-$(17 SUBJECT: SCRAP TIRE DISPOSAL FEE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: INFORMATION RESOLUTION MANAGER'S OFFICE, EXTENSION 501 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To adopt a resolution which would authorize the Orange Regional Landfill to establish a scrap tire disposal fee at $1 per tire. BACKGROUND: The impetus for this action is to comply with the N. C. Scrap Tire Disposal Act of Senate Bill 111 which allows the imposition of fees not to exceed the costs of disposal of scrap tires. The charging of a scrap tire tipping fee is an equitable method of recovering the costs of the Orange Regional Landfill being designated as the Orange County scrap tire collection center per Senate Bill 111. The proposed fee is based on cost received via informal bid with an estimated overhead for administrative/maintenance functions. The current fee received for tire disposal ($17 per ton) does not recover the additional costs resulting from landfill compliance with the new North Carolina Scrap Tire Disposal Act. The basis for the $1 per tire fee is a bid price of $.79 per tire to load and haul the tires and estimated $.21 per tire to cover construction of a tire loading dock, administrative costs, and to pay for tires that enter the landfill in mixed loads (dumpsters, etc. ) that can not be identified at the scales and for which fees are not received. A per capita distribution to the County from a newly imposed one percent fee on all motor vehicle tires sold in the state will partially off-set our cost for 2 this program, however, this money will not be disbursed to the Orange Regional Landfill in time for our initial fee setting. The landfill is required to reassess the tire disposal fee after one year and to make adjustments to the fee reflecting the per capita disbursement mentioned above. At that time the fee will be raised or lowered to assure that only actual costs to operate the tire disposal program are recovered. RECOMMENDATION: The Manager recommends the adoption of the attached resolution. z 3 RESOLUTION AUTHORIZING SCRAP TIRE DISPOSAL FEE A Resolution authorizing the Landfill Owners Group through the Chapel Hill Town Manager to assess a scrap tire disposal fee of $1 per tire that allows the Orange Regional Landfill to fully comply with the provisions of the North Carolina Scrap Tire Disposal Act. WHEREAS, the County of Orange supports the provisions of the North Carolina Scrap Tire Disposal Act; and WHEREAS, it is the intent of the Landfill Owners Group to collect and dispose of scrap tires in an environmentally sound fashion; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Landfill Owners Group through the Chapel Hill Town Manager is authorized to implement the scrap tire disposal fee of $1 per tire and to begin collection of fees upon proper notice to the citizens of Orange County. This is the day of , 1990. Moses Carey, Jr. , Chair ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. XI ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1990 SUBJECT: APPOINTMENTS DEPARTMENT: Commissioners PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Under Separate Cover INFORMATION CONTACT: Beverly Blythe Ext. 505 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To maintain membership at effective levels on Commissioner's appointed boards and commissions. BACKGROUND: The following recommendation is presented for the Board's consideration: HUMAN SERVICES TRANSPORTATION COMMISSION: Appoint Forest E. Walton to fill a vacancy on this commission. This "At Large" vacancy is reserved for a representative of the private business sector who has experience in public transportation. The appointment has no specific expiration date. RECOMMENDATION(S) : As the Board decides. V AGENDA ABSTRACT COVER SHEET Abstract Title: �cepp� M. ��,,1G �,1„� Attachments: p`°. ,,�� Meeting Date: �o Department d- -F- Agenda Deadline: _ .� /9/40 Head Signature: Today's Date.. d Comment: Date In: Purchasing Director Date Out: Review Requested d Copy Signature Attorney Action: Sent to Attorney: OK as is Date OK with attached changes Attorney -�- -- Hold for more work Review Requested d �gna ue ra e Comment: 4S 5ra N ir£ry ?uc_r_ED Date In:hen 3/d� '90En04- ---B/64,TD_____Date Out: .� /� !"10 Finance 9 / / Directo C:ce. Review Requested �4:7 / Comment: Date In: Asst Manager Date Out: Signature Courtesy Copies To: kV--a 671 c , ,��,� - m�+,,, a/cpr„a•-11-- INSTRUCTIONS FOR USE: - 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW i i Approved Revision Required Comments: 0 Review complete; ready for duplication IMEM P--64 )(- 1-) )-4=(A-4- `e-`6- 0,12,frk A GEN A ABSTRACT COVER SHEET V-73 Abstract Ti tle I A1-A�--- ' Meeting Date: % � O Attachments: Department Agenda Deadline: Head Signature: -- Today's Date: Comment: Purchasing Date In: Director Date out: Review Requested Copy Signature Attorney Action: Sent to Attorney: L—fjfl OK as is Date OK with attached changes Attorney Revie!7.5gested Hold for more work igna ure a e Comment: Date In: 3 /9a Finance(i.,Dr Date Out: c Directo Revi ew Requested Comment: Date In: 2242-^-e„xe- Asst Manager Date Out: 22G_ na ure Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved - Revision Required Comments: Review complete; ready for duplication NINE ' , 4-4244146"67.14., /Of G he. A. .G�. l � = - r. V- am"Z2 ;,e . A GENDA ABSTRACT CO CO V R SHEET Abstract Title: ' ' - ` — ,► Meeting Date: 9D Attachments: ' = � Agenda Deadlin-. - /9:- ° Department Head Signature: Today's Date: .. -,77/- Comment: Date In: Purchasing Date Out: Director Review Requested NIA IA _ Q Signature Copy Attorney Action: Sent to Attorney : OK as is Date OK with attached changes Attorney Hold for more work Review Requested Signature/Date • • Comment: Date In: 11.28-790 - Date Out: /go Finance/ an � / Director -- 7 Review equested i?_ 4 - i-e-e Signature Comment: Date In: 22 k'c,.,, I-- Date Out: 22 /^.p--4 - Ass't Manager k i:' _ b1gnature Courtesy Copies To: • INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on let Review Revision Required o Attorney Response Required Comments: o Revision Received Create copies for 2nd review 2ND REVIEW Q Approved - Revision Required Comments: Review complete; ready for duplication AGENDA ABSTRA I Co VER SHEET Abstract Title: l - 5eeting Date: f � 6 vt_Attachments: Agenda Deadline: a Department Head Signature: a e I r,r,Qv J/���� d Today's Date: Comment: Date In: - Purchasing Director Date out: Review Requested Signature Copy Attorney Action: Sent to Attorney: OK as is Date OK with attached changes Attorney �- Hold for more work Review Requested _ Signature/Date • Comment: t. � c � ,...... r4-1-` ;' Date In: 3 9.43/i0 • Date Out: ,75/=.1grfrO Review Requested - ��••��II Signature Comment: Date In: Asst Manager Date out: Signature Courtesy Copies To: INSTRUCTIONS FOR USE: - 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. • MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: C� Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required Comments: Review complete; ready for duplication IMMMME 6)-PAIA / NY a (/4 OA- V— LI- F AGENDA ABSTRACT COVER SHEET Abstract Title: ` ! 4 Meeting Date: 41/z/ a Attachments: 70 /D Department n Agenda Deadline: /z2 Head Signature: - I (...0A clAA,t- C 11') Date: 3 94 s Today's 2i y / / Comment: Date In: Purchasing Director Date out: Review Requested Signature Copy Attorney Action: Sent to Attorney: 2 -a�_ 9 0 OK as is Date OK with attached changes Attorney Hold for more work Review Requested Signature'Date • Comment: Date In: Finance Date Out: Director Review Requested • Signatur4 Comment: Date In: Asst Manager Date out: Signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: Revision Received. Create copies for 2nd review 2ND REVIEW II Approved EMI Revision Required Comments: Review complete; ready,for duplication AGENDA ABSTRACT Co i/ R SHEET Abstract Title: = \ — _ '� 7.2/9 Attachments: ' ' ' 9 Meeting Date: Department �• Agenda Deadline: > 3J/9/9 o Head Signature; O( °his - Today's Date: d Comment: Date In: Purchasing Director Date out: Review Requested I Signature Copy Attorney Action: Sent to Attorney: OK as is Date OK with attached changes Attorney Hold for more work Review Requested Signature/Date • Comment: Date In: -ems/ i Finance%,��� Date put: , / 6 Director j'��y Review Requested d l/ Comment: Date In Asst Manager Date out: signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on lot Review Revision Required Attorney Response Required Comments: F . Revision Received Create copies for 2nd review 2ND REVIEW [� Approved Revision Required Comments: Review complete; ready for duplication AGENDA ABSTRACT COVER SHEET Abstract Title: County Gwrnment Week 4/2/90 Meeting Date: Attachments: Agenda Deadline -_ __3 D epartment ' Head Signature: Today's Date:� �1 � Toda 3/21/90 Comment: Date In: Purchasing Date Out: Director Review Requested Signature Copy Attorney Action: Sent to Attorney: OK as is Date OK with attached changes Attorney Hold for more work Review Requested Signature/Date . Comment: Date In: Date Out: Finance - Director Review Requested Signaturp Comment: Date In: Date Out: Asst Manager • signature Courtesy Copies To: INSTRUCTIONS FOR USE: - 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney MANAGER'S OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review NNE Revision Required Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required • Comments: =1 Review complete; ready for duplication r \T Tt AGENDA ABSTRACT COVER SHEET Abstract Title: Proclamation for Senior Games April 2, -: 1990 Attachments: Proclamation Meeting Date: Agenda Deadline. March.-.19, 1990 ' Department Head Signature: Today's Date: March 21, 1990 Comment: Date In: Purchasing Date out: Director N/A Review Requested Signature Copy Attorney Action: Sent to Attorney: OK as is Date OK with attached changes Attorney N/A Hold for more work Review Requested Signature/Date • Comment: Date In: • Date Out: Finance Director N/A Review Requested • Signatyre Comment: Date In: Date Out: Asst Manager Signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW ism Abstract Approved on 1st Review Revision Required r--1 Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved - Revision Required Comments: r---1 Review complete; ready.for duplication f.11 x 3 1990 AGENDA ABSTRACT Co V R SHEET Public Hearing Date - Transportation Abstract Title: Thoroughfare Plans a-2--90 Meeting Date: Attachments: Agenda Deadline: 3-21-9° Department Head Signature: Today's Date: 20-90 Comment: Date In: Purchasing Date Out: Director Review Requested Signature Copy Attorney Action: Sent to Attorney: OK as is 1-7n—pan Date OK with attached changes Attorney Hold for more work Review Requested tgnature a e Comment: Date In: Date Out: Finance Director Review Requested SigniturP Comment: Date In: Date Out: Asst Manager • • atgnature Courtesy Copies To: County Engineer INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANA GAR 'S OFFICE REWEW 1ST REVIEW Abstract Approved on 1st Review Revision Required 0 Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW j'""'71 Approved Revision Required Comments: Review complete; ready for duplication AGENDA ABSTRACT COVER SHEET F hPostr Q.M Es4r5 J"PA '•-"=5 r.�5: 2-& Abstract Title: Attachments: y�5 Meeting Date: /x�` ° Department Agenda Deadline: ? L9 p_ Head Signature:' Today's Date: 3d a Comment: Purchasing Date In: Director Date Out: Review Requested Signature Copy Attorney Action: Sent to Attorney: a/30/9a -- OKasis Date OK with attached changes Attorney -- Hold for more work Review Requested f:1 igna ure a e Comment Date In: Finance Date Out: Director Review Requested Comment: Date In: Asst Manager Date Out: Signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda-abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. j114 NA GER S OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved I1 Revision Required Comments: Review complete; ready.for duplication A GRNDA ABSTRA CT CO V ER SHEET PPP.., r �1.t�►-IC7�t�1J1" or 16e co. coMPrZE4.1EH61Q PL6r4 Abstract Title: `-'L11`1 1- 'tee e54t�,2 4/Z/9 Attachments: Meeting Date: ~ Agenda Deadline: 3/'9 /16 Department Head Signature: t� -''� -ID Toda 's Date: 3/ 4��� y Comment: Date In: Purchasing Director Date out: Review Requested Signature Copy Attorney Action: Sent to Attorney: 5/3o/9 a OK as is Date OK with attached changes Attorney Hold for more work Review Requested Signature/Date • Comment: Date In: Finance Date out: Director Review Requested 0 Signature Comment: Date In: Ass't Manager Date out: signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda-abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on let Review Revision Required Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required Comments: Review complete; ready,for duplication AGENDA A BSTRA CI CO VER SHEET F'Ro pd S v,, k t7 M -r o rzdl.l 64" cca, Z c W 046 cat S Abstract Title: C`'�°"' ' °'�'= `"'�r5 u�ro� 2`j9 Attachments: Yts Meeting Date: Department Agenda Deadline: /i� ctd Head Signature: W1- Today's Date: Comment: Date In: Purchasing Director Date out: Review Requested ED Signature Copy Attorney Action: Sent to Attorney : 3/30/9 O OK as is Date OK with attached changes Attorney -- Hold for more work Review Requested Signature/Date • Comment: Date In: Finance Date Out: Director Review Requested 0 Signature Comment: Date In: Asst Manager Date Qut: • signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda-abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REWEW 1ST REVIEW [=1 Abstract Approved on 1st Review Revision Required ('_'1 Attorney Response Required Comments: C� Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required Comments: _ Review complete; ready,for duplication AGENDA ABSTRACT COVER SHEET Pr2,Qp.05 -0 �"^ �� N5 —at2pnl�C CO . 14 Uti , cn217,11.l�F,LC Abstract Title: CUNI Lai weYi�rz5i.11SD� ,�C5 Meeting Date: 4/Z/90 Attachments: Agenda Deadline: 3Aq•I/90 Department iVL�� n ^ „� Head Signature: l� Today's Date: 3/3OJ90 • Comment: Date In: Purchasing Director Date out: Review Requested Q Signature Copy Attorney Action: Sent to Attorney: 3/50/9 OK as is Date OK with attached changes Attorney Hold for more work Review Requested ETZZI Signature/Date Comment: Date In: Finance Date Out: Director Review Requested 0 Signature Comment: Date In Asst Manager Date out: Signature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required i Attorney Response Required Comments: Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required Comments: Review complete; ready.for duplication F. AGENDA ABSTRACT Co V R SHEET °P°s r7 Qul!~R1173'4 bczaMGE Co, 50 es-pi RLL _.ATt06-is Abstract Title: (" " ' w4" �a gm) Meeting Date: ° Attachments: Department Agenda Deadline: 3 3 LP Head Signature: Today's Date: —La—L° Comment: Purchasing Date In: Director Date out: Review Requested Copy Signature Attorney Action: Sent to Attorney: 3/so let OK as is Date OK with attached changes Attorney -- Hold for more work Review Requested igna ure a e Comment: Date In: Finance Date out: Director Review Requested Comment: Date In: Asst Manager Date out: signature Courtesy Copies To: INSTRUCTIONS FOR USE: I) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed, forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW r,i Abstract Approved on 1st Review [� Revision Required Attorney Response Required Comments: C7 Revision Received Create copies for 2nd review 2ND REVIEW Approved r'7 Revision Required Comments: Review complete; ready,for duplication • E /\ -. AGENDA ABSTRACT Co UDR SHEET Abstract Title: Meeting Date: '! "2 Attachments: Agenda Deadline: Department c" ' Head Signature: - Today's Date: ' 27/-1) Comment: Date In: Purchasing Director Date Out: Review Requested Signature Copy Attorney Action: Sent to Attorney : OK as is Date OK with attached changes Attorney --- -- Hold for more work Review Requested • 0 _ Signature/Date Comment: Date In: Finance r r Date out: � / Review Requested _ d Signature Comment: Date In: Asst Manager Date Out: a1gnature Courtesy Copies To: INSTRUCTIONS FOR USE: 1) This form must accompany ALL angenda abstracts and should be properly completed BEFORE the agenda deadline. Consult agenda schedule for agenda deadline date. 2) Attach the originals of your agenda abstract to this form. If Attorney review needed,forward copy of abstract and this cover sheet to attorney. MANAGERS OFFICE REVIEW 1ST REVIEW Abstract Approved on 1st Review Revision Required Attorney Response Required Comments: i Revision Received Create copies for 2nd review 2ND REVIEW Approved Revision Required Comments: Review complete; ready for duplication - 70 2 COUNTY OF ORANGE PROCLAMATION WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and WHEREAS, during the month of March, 1990, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital employment, educational and fundraising campaigns to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; I , Moses Carey, Chairman of the Orange County Commissioners, do hereby proclaim the month of March, 1990 , as MENTAL RETARDATION MONTH in the County of Orange, and urge all citizens to learn more about mental retardation and assist in improving the quality of life of citizens with mental retardation. This the 5th day of March, 1990 . MOSES CAREY Chairman, Orange County Coif%s• loners (COUNTY. SEAL) 4:414./:--,?-70 range County Commission for Women m- Box 8181 • 110 North Churton Street • Hillsborough, NC 27278 .x THE ORANGE COUNTY COMMISSION FOR WOMEN SUBMITS THE FOLLOWING PROCLAMATION TO THE ORANGE COUNTY BOARD OF COMMISSIONERS: WHEREAS American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; WHEREAS American women have played and continue to play a critical economic, cultural , and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; WHEREAS American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; WHEREAS American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; WHEREAS American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; WHEREAS American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all ; and Hillsborough 732-8181 • Chapel Hill 967-9251 • Mebane 227-2031 • Durham 688-7331 WHEREAS despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; NOW, THEREFORE, do we, the Commissioners of Orange County, proclaim the month of March, 1990 as WOMEN'S HISTORY MONTH and commend this observance to Orange County citizens. 41/(0A6 . r Moses Carey, Jr. , Ch- , an RESOLUTION AUTHORIZING SCRAP TIRE DISPOSAL PEE A Resolution authorizing the Landfill Owners Group through the Chapel Hill Town Manager to assess a scrap tire disposal fee of $1 per tire that allows the Orange Regional Landfill to fully comply with the provisions of the North Carolina Scrap Tire Disposal Act. WHEREAS, the County of Orange supports the provisions of the North Carolina Scrap Tire Disposal Act; and WHEREAS, it is the intent of the Landfill Owners Group to collect and dispose of scrap tires in an environmentally sound fashion; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Landfill Owners Group through the Chapel Hill Town Manager is authorized to implement the scrap tire disposal fee of $1 per tire and to begin collection of fees upon proper notice to the citizens of Orange County. This is the 2/f o L day of / 1990. 11/ . 4 Ao, os-s Carey, Jr. , Ch- ' - PROCLAMATION WHEREAS, The North Carolina Association of County Commissioners and the National Association of County Commissioners have urged citizens across the state to learn more about county government' s role in our lives and to be more involved as county citizens ' and WHEREAS, Orange County government has served the citizens of the county since 1752 and we are responsible for a growing number of services which have direct impact on local citizens; and WHEREAS, the elected and appointed officials in county government take great pride in serving the citizens of the County and in being directly involved in shaping the future; and WHEREAS, in Orange County the volunteer spirit is still alive and well and the volunteers serve as our partners in progress; and WHEREAS, through their volunteer involvement, citizens learn more about community needs and resources and serve as communications links to the entire community. NOW, THEREFORE, we the Board of Commissioners do hereby proclaim the week of April 23 through April 27, 1990, as Orange County Government Week, and reaffirm our support and appreciation of the valuable contributions of Volunteers in the County. And, further urge all citizens to become more familiar with county government. This the 2nd day of April , 1990. By: I ' ' 1 p ,,/ Moses Carey, Jr. , Chai Orange County Board o ' •.mmissioners ORANGE COUNTY EARTH DAY 1990 RESOLUTION WHEREAS, Human activities are seriously compromising the earth 's ability to sustain life as a result of environmental threats, such as global warming, ozone depletion, acid rain, increasing human and pet populations, declining soil fertility, extinction of species, air pollution, water pollution, and earth pollution; and WHEREAS, Citizens and community leaders are now recognizing environmental protection and resource conservation to be essential prerequisites to sustained prosperity and environmental well-being for all living things; and WHEREAS, Cities and counties have many critical environmental responsibilities, including land-use management, management of transportation systems, solid and liquid waste management, protection of water resources, and much more; and WHEREAS, Almost twenty years ago, millions of Americans joined together on Earth Day to express an unprecedented concern for the environment, and their collective action resulted in the passage of the first significant legislation to protect our air, our water, and the lands around us; and WHEREAS, Citizens and their governments must strongly commit themselves to act to meet the global environmental challenges without delay, and stand together in cities, counties, towns and villages around the world for a week of collective action to declare our shared resolve for the future; NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS Endorses April 22 as Earth Day 1990, and declares that April 15- 22 , 1990 shall be designated and proclaimed as Earth Week, and that the week shall be set aside for public activities promoting preservation of the global environment. ..,14a146 Moses Carey, Jr. , Chair •'n Beverly Blythe, Clerk ORANGE COUNTY PLANNING DEPARTMENT 306E REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 L• i v ,x.al R' MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS JOHN LINK, COUNTY MANAGER GEOFFREY GLEDHILL, COUNTY ATTORNEY FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: MARCH 30, 1990 SUBJECT: EVIDENCE RECEIVED SINCE THE FEBRUARY 28, 1990 PUBLIC HEARING COPIES: Attached is all evidence received since the February 28, 1990 public hearing, including written documents submitted by citizens to the Planning Department Staff or to the Planning Board. As you are aware, only evidence presented in writing at or prior to the March 28, 1990 Planning Board meeting may be considered in making a decision . If the Board of Commissioners wishes to consider additional (new) information, the public hearing must be re-opened, and the item re-advertised and/or referred back to the Planning Board for recommendation. Article 20 . 7 of the Zoning Ordinance contains the provisions which must be followed, and a copy is provided for reference. Because of the amount of information received, the additional evidence is provided as a separate enclosure. JU`QJUM; Marvin Collins Planning Director - 20.5 The Board of County Commissioners and the Planning Board Shall Hold A Public Hearing The Board of County Commissioners and the Planning Board shall hear applications for amendments to this ordinance in a Public Hearing at the County Commissioners last regular meeting in August, November, February and May. 20.6 Public Searing and Notice Thereof 20.6.1 A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to Amended this ordinance. Notice of the public hearing shall be 7/2/84 given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty- five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 20.6.2 The Zoning Officer in the case of amendments to the zoning atlas shall post on the applicant's affected property a notice of the public hearing at least ten days prior to the date of said hearing. 20.6.3 In the case of amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected Amended property owner and all adjacent property owners not less 11/19/85 than fifteen days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within five hundred feet of the affected property. If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. E> 20.7 Action Subsequent to the Date of Public Hearing 20.7.1 Following the date of the public hearing, all proposed amendments shall be referred to the Planning Board for its Amended consideration and recommendation. Evidence not presented 2/5/90 at the joint public hearing (hereinafter called "new evidence" ) may be submitted in writing at or prior to the Planning Board meeting at which the recommendation to the Board of Commissioners is made. The Planning Board may consider oral evidence only if it is for the purpose of presenting information also submitted in writing. 20-3 The Planning Board shall within sixty days after the date of the public hearing prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of any application submitted by the public. Said time limit may be extended upon request of the applicant. Amendments initiated by Orange County shall not be subject to time limitations other than those specified by the Board of County Commissioners during the public hearing process . Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. 20.7.2 The Board of County Commissioners shall not consider enactment of the proposed amendment until sixty days after Amended the first date of the public hearing or until the Planning 2/5/90 Board makes this recommendation, whichever comes first. In making its decision, the Board of Commissioners shall consider all relevant evidence presented at the joint public hearing, and any new evidence which was considered by the Planning Board in making its recommendation. New evidence which was not presented in writing to the Planning Board may not be considered by the Board of Commissioners in making a decision unless the joint public hearing is reopened to receive said evidence, and the item is re-advertised and/or referred back to the Planning Board for recommendation. 20.8 Withdrawal of Application An applicant may withdraw his or her application at any time by written notice to the County Manager. However, any withdrawal of an application after the giving of the first notice as required in 20 . 6 shall be considered, for the purposes of Article 20, a denial of the petition. 20.9 Effect of Denial on Subsequent Petitions When the Board of County Commissioners shall have denied an application or the application shall have been withdrawn after the first notice of the public hearing thereon, the Board--of County Commissioners shall not receive another application for the same or similar amendment, affecting the same property or a portion of it, until the expiration of a one year period, extending from the date of denial or withdrawal, as appropriate. 20.10 Fees Fees for filing application for amendments shall be set by resolution of the Board of County Commissioners. 20-4 UNIVERSITY LAKE WATERSHED PROTECTION w_ECTIOti At the March 8 , :990 meeting or the Chatham-Orange Work Croup, , the group tailed to achieve a consensus for modification of t.e impervious surface provisions in the :3-point agreement . The Orange County Planning Director , Marv:n Collins , has proposed changing the impervious surface limit from 4% to 6) for 5-acre lots and a sliding scale for lots smaller than 5 acres . Ideas discussed at the March 8 meeting included: 1 . Reduction in the number of 2-acre lots permitted under point number 5 .a. 2 . Public acquisition of land or development rights sufficient to result in equivalent protection. 3 . Use of impervious coefficient somewhere between 0 and 1 . 0 to recognize that gravel driveways are not as impervious as roof tops or paved roads . 4 . Use 4% figure for new developments, 6% for existing lots . THE DEBATE Those in favor modifying the impervious surface limit argued that, according to Mr . Collins ' calculations , the number of •non- conforming lots would be unacceptably high (approx. 40%) . Those opposed to modification argued that the CDM recommendations were aimed at minimizing further po 2utant loading of the Lake and that the 13-point agreement already included compromises that were less stringent that recommended by CDM. CDM SHORT-COMINGS The CDM report recommended that impervious surfaces be limited to 4% if the non-structural approached were utilized. They failed to take into account difficulties this approached would encounter in dealing with that portion of the watershed in Chatham County and with existing roads and lots smaller than 5 acres. RECONCILIATION The d__ ference between the 23-po:_ti+ `agreement and he Orange 4 County staff proposals is not as s:gn:f:cant as has been thought if a distinction is made between average imperviousness and the maximum permitted for individual lots . Mr . Collins ' calculations indicate that , for an assortment of 5-acre lots, approximately 98% compliance can be achieved by use of an _mperv:ous surface maximum of 6% ter lot and that the average for the assortment would be about 4%. Thus, if the intent of the 13-point agreement was to li...it impervious surface to an average of 4% , the two proposals are ecuivalent . • The difference for 2-acre lots is greater, but not by much. Mr. Collins ' calculations indicate that the impervious surface for an assortment of 2-acre lots would be approximately 7% if a maximum of 12% was applied to individual lots . The 13-point agreement called far 6%. Again it the 6% in the 13-point agreement is to be interpreted as an average, it is close to that computed to result from the application of a 12% ma=ximum for individual lots . RECOMMENDATIONS A. For April 2 , 1990 1 . Consider that the basic recommendations of the 13-point agreement and the Orange County planning staff are equiv- alent in that the 13-point figures refer to averages and the staff recommendations refer to individual lots . 2 . Modify the formula for the number of 2-acre lots that can be created to one that specifies the number of lots and permits averaging. For example, from a 20-acre tract, allow creation of 7 2 . 86-acre lots as an alternative to 2 5-acre lots plus 5 2-acre lots. 3 . Adopt a sliding scale of average and ma:.imu= impervious surface requirements for lots smaller than 5 acres (averages only to apply to new subdivisions) . B. Beyond April 2 , 1990 1 . Commit to public accufsition cf land to reduce future pollutant loading potential 2. Provide tax, incentives for "environmental easements " patterned after agricultural use-value assessments. 3 . 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I • 1 1 I . : • I • . . . : .• - . _4! et . . 1 : : I I , . _ i 1 - , I . . , : . , . : I I I i . - - . : : . i . i I - : - . 1 . . . . . - . • • 1 , 1, • • o, ' ' . . ; , ' 11TflITI111 .111- CY , i g , . I , r it X it it it it it X ASX XXX , X : - i 1 i -i-I - . ; CI 03 IA v. PI Q .:14 K! v: el Q ta t? -r. ri a - . - 1 1 j , 1 1, IP ICi lii AP L. In oa al al 01 . - . 1. . . : . . . . : . . I I 0"-,, 1 .- . : : - ; ' . ., . , . 30%.`J..111-IS talL3Vrt13d111 ng . . . - . 1 : . . - . :. . : . ; -, . , , ! ; 1 , . . Ii ..,--..„, . : I . : • • . ; - .. . - . , . i I Er) ; . : . . . . . 1 , • - i !1 . I. • 1 , . 1 . : : : . . , . : - - i , . _ . .. . . . . .. . • - •- • - • • •• - • . -- - @ E's jr MAR 1 5 1990 Michele Dubow 124 West Stinson Street Chapel Hill, NC 27516 919-942-6434 March 13, 1990 Moses Carey, Stephen Halkiotis, John Hartwell, Shirley Marshall, Don Wilhoit Orange County Board of Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Board Members: I am writing to express my concerns about protecting University Lake watershed. I am a graduate student at UNC in Environmental Management and Protection, currently working on my masters thesis, which has to do with preventing nonpoint source water pollution. I am also the Water Quality Conservation Co—Chair for the Research Triangle Group of the Sierra Club (Orange and Chatham Counties). I have been living in the Chapel Hill—Carrboro area for three years and plan to remain here when I graduate. I strongly support protecting the watershed by adopting non- structural controls. My views are closely in line with those expressed by Dr. Daniel Okun at the February 28th hearing; it is ludicrous and bad public policy to degrade our high—quality drinking water to the level of that consumed by some unfortunate communities, and treatment technology is not a substitute for protection of the source. In the long run, treating the water will prove to be much less reliable and much more expensive, just like structural controls such as retention basins. Furthermore, we have a legal obligation under North Carolina HB156 (passed June 23, 1989) to adopt strict controls if we want to maintain the high classification status of University Lake watershed. Minimum statewide watershed protection standards are now under development, and any changes made now in our zoning ordinances and/or requirements for structural controls may have to be amended later if they do not conform to the requirements of HB156, (I suspect that the proposed alternative strategies now under consideration are mostly compatible with what the Environmental Management Commission will promulgate by January 1, 1991, the deadline for the new water supply watershed classification system and statewide management regulations.) This important point was barely mentioned at the hearing and I believe it deserves much more emphasis in your deliberations. Similarly, Dr. Okun made the point that the U.S. Environmental Protection Agency is rapidly stepping—up development of new, nationwide "maximum contaminant levels" (standards) for chemicals potentially found in drinking water supplies. These will require expensive monitoring and treatment if water supplies are not protected from degrading sources. This is a valid justification for the North Carolina legislature's action, above, and it is equally valid for the action you need to take. I was deeply moved by the pleas of landowners in the counties for consideration of the potential value of their property. Perhaps it is not unreasonable to expect OWASA customers to pay for purchasing some of the land in the watershed through increases in our water bills or a bond referendum. This strikes me as a fair compromise; those who benefit should pay at least part of the cost, up front. It also strikes me as a much more valuable way to spend a chunk of money than on a study to evaluate extending water and sewer service into the area. Alternatively, or perhaps in addition, it seems prudent for the Board to educate itself about the court cases cited by Dr. Okun. He stated at the hearing that these establish legal precedent for a jurisdiction to "take" land without compensation to protect its drinking water; and they provide evidence to show that land values in the watershed do not decrease in the long run. It seems wise for the Board to "arm" itself with this information to justify a decision unpopular with the landowners, whatever else is done on their behalf. Finally, Greg Gangi of the Sierra Club suggested that some of the inequity might be handled through the tax system. I am not knowledgeable in this area, but I feel strongly that something tangible should be done to address the legitimate concerns of the landowners. We do not have to be completely unfair or arrogant to protect our water supply. It is not too late to address their concerns; however, I entreat you not to be swayed by either/or positions. There are creative compromises waiting to be explored. To recap, I strongly support a strict, non—structural approach to protecting the watershed. This is the safest and least expensive way to go, and it is consistent with upcoming federal and state regulations. If a retention system is required, it should be a regional one maintained by OWASA. I support retention of a critical area designation in the watershed (it will probably be required anyway by the state), and not extending water and sewer service. I recommend that a formal cost—benefit analysis be part of any future studies. Finally. I believe a proactive stance now will make it easier to deal with these issues again when they come up with Cane Creek. Thank you for considering my opinions. Sincerely, Michele Dubow RECEIVED MAR 13 9930 March 11, 1990 - Mr. Marvin Collins Orange County Planning Department 106 East Margaret Lane Hillsborough, N. C. 27278 Dear Mr. Collins, Please let me congratulate you for your presentation on the Watershed. It clearly explained the "Work Group's" recommend.-=+.tions and your added sliding scale impervious surface specifications. As a landowner in Bingham Township an3 as one of the heirs and the responsible party for an estate's property in the Chapel Hill. Township, I feel that the pro- - petty owners in- the watershed have been imposed on unfairly.. I have been advised by some real estate people that the refusal to approve developments and the change in density requirements have devalued pro- perty by atleast thirty percent in_the last four years (not taking into accountfor atleast another fifteen percenti4044 ) I feel that there are some ways to protect the water quality and not penalize the property owners as much. Please consider the following. # 1 - Establish a reasonable setback from any tributary going to University Lake. # 2 - Have this setback em planted in trees which gives the greatest protection from run off. contamination. # 3 - Extend water and sewer service into the watershed so as to eliminate this source of contamination. # 4 - Build detention ponds that take care of a7,1 run off from the impervious surfaces. This would elir a.'l phis source of contamination. There seems to be great concern as to how these would be maintained. If OWASA extends the water and sewer into the arealthen I think the property owners through a special tax that goes into a trust fund for- upkeep would be fair. If OWASA doesn't extend its service, I think OWASA should assume this cost. # 5 -If the above is followed two acre lots could be developed in the watershed with no-r deterioration to the quality of the - water. All I want is to be treated fairly and I feel OWASA with the support of Chapel Hill is restticting the use of our property in excess of what is reasonable and necessary and have refused to look at ways to reduce the impact of the proposed limitations. Please give this your consideration and make the points known to the commissioners as coming from a concerned property owner R�atSincerel joye„ Y Strowd Route # 2 Box 197 H Davidson, N. C. 28036 - To: • Carrboro Aldermen & - __- Orange County Commissioner From: Ernie Patterson RECEIVED MAR 1 6 mp Date: March 15, 1990 CIfc.s,� Subject: Land use zoning for Orange County Watersheds and other Rural land After reviewing the different watershed zoning proposals, I would like to suggest the following zoning proposal for all of Orange County land not part of a municipalities zoning district. 1. The development density of all Orange County land be set at a maximum of 10% impervious surface covering the land. This would include all land not part of a municipalities zoning district. 2. Land in any designated watershed be limited to an actual developed density of no more than 5% impervious surface coverage and the owner be allowed to sell the other 5% impervious surface coverage to land owners in Orange County who do not live in a designated watershed. These land owners could use this purchased impervious surface coverage allocation to increase the density of their development in non watershed areas. if the municipalities would also co-operate the bonus could be used anywhere in the county and would allow land to be developed to some designated maximum limit based on location and available public infrastructure. 3. Gravel driveways would not be counted at 100% impervious surface coverage but some lesser amount such as 50%. This means the total square footage of gravel driveway and parking areas would be multiplied by . 5 to determine the amount that would be counted towards the impervious surface limits. 4. Owners of property could sell up to 100% of their density allocation provided they take the proper actions to insure their land would remain open forever. This would allow farming, dairying, or other uses that would involve no impervious surface coverage. 5. All lots not on a public sewer system provided by OWASA a municipality must have two approved sewage disposal systems available. In the case of septic tanks this would require two separate drain fields being available and designated. If this proposal is implemented it would allow for reasonable development of Orange County land while at the same time protecting our watersheds. The value of the density would be set by market action and property owners in the watersheds would be able to recover some of the income the lose by stricter density requirements. is To: Orange County y (Comments on Watershed Zoning) From: Ernie Patterson Date: March 15, 1990 Subject: Analysis of land use patterns under the proposed watershed zoning requirements. In looking at the proposed watershed zoning requirements I decided to not only look the typical lot sized as referenced in Mr. Collins' memo of February 1, 1990 but also look at an actual five (5) acre subdivision that is in the process of being built. Attachments C, D, and E use the typical lot sizes as addressed in Mr. Collins' memo and show that for five (5) acre lots as long as the road is along the narrower dimension of the lot and the house is built somewhere before the center of the lot the 6% impervious coverage limit works fairly well. The two (2) acre lots all fall under the 12% limit as long as the same conditions apply. The problems occur when the width of a lot with road frontage exceeds the length of a lot then the additional impervious ground coverage caused by the extra road frontage will increase the percentage covered to exceed 6% for 5 acre lots and 12% for two acre lots. This effect seems to be constant with different building sizes. Attachment A looks at the Holly Creek Subdivision as built, with the limitation that the road frontages are taken from the subdivision plat, the driveways and parking areas that are actually built were measured by pacing the driveway and multiplying by 3 feet , and the house sizes were from a combination of what the owners said their house covered and pacing around them and calculating. This summary shows 3 of the 9 lots or 33% would exceed the 6% impervious coverage and if one averages the lot road frontage and applies the average equally 6 of the 9 lots or 66% would exceed 6% coverage. The major reason for this is that by counting the driveway as 100% impervious coverage and the fact that most of the home owners have chosen to build their houses as far back from the road as possible they all have long driveways and a large portion of their total impervious surface coverage is taken up by gravel driveways and parking _ - - areas. What I would suggest- is that the county determine a - "impervious coverage factor" for gravel driveways that reduces their effective impervious coverage to less that 100% or exempt driveways from the formula and reduce the total allowable coverage to some lesser percent. If you are interested in the effect of either of these suggestion I will be happy to rerun the model using the options you specify. If you need fully accurate measurements, Z am willing with some help to go out with a tape measure and remeasure the lots. 1 • Attachment-B- is-a-summary-- of-- the- effect--on the original owners of. Holly_ Creek. Farm Subdivision if they had chosen to subdivide the land into 2 acre lots instead of 5 acre lots. The number of 2 acre lots was based on the number of potential perk sites on the land, and the additional costs are from estimates by contractors involved in providing the services. The net effect is that the owners could have realized an additional 59, 400 dollars of profit over what they can expect to realize by subdividing the land into 5 acre lots. In addition the real estate agents in the community have lost $21 , 000 dollars in commissions, the paving contractors have lost $125,000 dollars in revenues and the surveyors have lost $14 , 600 dollars. Also the builders of our community and their employees have lost the chance to build 11 additional houses with a unknown loss of potential income. All this is to show that as the minimum size of a lot is increased not only do the owners of the land lose potential income but many of the other people in our community loose and ultimately because these people have less money to spend in our county the county looses potential taxes. Because of theses losses a possible compensation could be that OWASA could issue bonds to at least pay the property owners for their losses and both the county and the towns could work on providing additional building opportunities so the total number of building sites in the area is not reduced. 2 • L •0 w x N .O A Q 0. v .T .T 0. 13 41 a o N P M M v W N P O 0 ti In •C u1 in. N It' d .0 IA cc L U C a a a x 10 �. v In M o b ox+ v m a 1n IA IA P M v o z o1 ti 0 .r I) .r `o •o 1.-: r. C w a . O O — •o 0. P P O. co •0 P co o. O L a A A A A M MOI/I H W O CO I .O .QT v .NT 1Nn . •0 IA IA ii m O O a1 ' .0 7 o m . . 0 •O C = -C g d1 CO N M C C O 0 U a a > 0. O N 0. 0. C 6 C In v +1 ai n } +1 +1 . i y u 0 z .. .0 a .. — U 0 E < x x x C O N In N M •o .t a A O P CO v .0 .o 03 0 0 - P •O In NI IA •O IA v v In .0 0 OI 7 0 a . 7 a A 0 v Al o A A . n Q .p aI ' �L1 L. M Al P .q O A N .p N .0 5 (y N N a CO a a N r 0 w N -p E N C W H 0 > a u qO� N CO O o o •0 P In 0 0. -. 4 w .MO 0. 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C Cr) C In 00 0 • 0 ul Y .0 d o a < aa re d a .0 L 0 CO 61 a/ a0 P r •o o a o o e in o eo a o NAP ° NAN N a a - i i + r Cl) N S i 1n t M. 7 0. O o .01 r s . c • t 0 t w 4 g CO 3 t .ac . .. - E .- G u .— N M rt N .0 A e0 0. a I. m u L , a 0 0 0 0 0 0 0 0 `a 1 c0. a U IA J J .4 J J `J J J J 7 . ++ m ^ K. P i •• - •• x N . I •t X i 0 • Attachment B. Holly Creek Farm Subdivision Analysis of development options for Holly Creek Farms and the effect on the owners return on their investment. 5 Acre Lots 2 Acre Lots Number of Lots 9 20 Selling Price $510, 000 $720, 000 Expenses RealEstate Comm. $51,000 $72, 000 Gravel Road (Base) $90, 000 $90, 000 Paving $115,000 Surveying $5,400 $20, 000 Total $146,400 $297, 000 Owner's Profit $363, 600 $423, 000 Selling the land in 2 acre lots would generate an additional $59 , 400 to the owners . This represents a reduced income potenital of $990 per acre based on a 60 acre subdivision. It also represents a loss of $21, 000 to the marketing agents of the community. The lot sales price for 5 acre lots is baised on the acutall selling price for the lots already sold and the estimated selling price of the 2 remaining lots. The cost of the 2 acre lots is based on the cost of similar lots in the watershed and was estimated to be $36 , 000 dollars per lot. Using these estimates if the watershed' s 19171 acres were fully developed there would be a potential income loss to the owners of watershed property of $18,979,290 . In in to In •I• 4 d 11 F C- 4 1.1 u u Q 4 4 Z C F C C v -, n ti •.4 .44 • 3' IX X 7• 4M m F. 04 G m in C-OH. 3 -.y ❑ L. 0 u - 3 ••. 0 u a u 4 3 IQ m a 3 . m ;4 > in -a... rr Q. > o".0 1I- rd 4. 4 • F ... F M 4 F ... F 0: 3 7 F = 3 3 v 4' n N•0007 w0 nin ... C, 00 II •4 n Cllr ON O n '4'-+••CI ❑ H II as 0 n n.0 .0Os, -. 0 n-,C'h-• •00 N • 0 n W-4 Olt n 0 .+vl` - .0 H �+ J 0 NCIan vn 0....-a II n J 3 0 ... 3 q. 4... 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C o a •wa m a a 'n a > 3 E -.4 J a > m In a m In In W U1 3 i M a m u y m u G a> 3 0 > 3 +, 0 E0E.+ 00 .46.; u a .+ m 3.+ m 03.46 IN * re ID 4a F a 1a F. m F q At A. to 4 II m F 4140 E 0. up- 1.144.0 In u F U IN v a a F-•. 3 .' el 0 m 0 m a 4 U C.S u F II II a.or 3 m I Al n o 3 a F a R F r o • nZm(A m N3 a.40 r a U a U M � a alA n Q • Q Q U7 (y • I (y ms ® F I- u• I>±r u.+ r u To: Marvin Collins From: Ernie Patterson Date: March 15, 1990 Subject: Rual zoning and apartments in a house As part of your considerations of the new watershed zoning, I am requesting you consider a modification to the requirements that the separate "efficiency or other residential unit" that is allowed to be included as part of a house under the present zoning be modified to allow that unit to be detached from the primary residence if it meets some stricter criteria. The present zoning states that the unit may not exceed 25% of the size of the house and in the case of some of the houses being build could be as much as 1500 square feet. What I would like to propose is that for lots of 5 acres or more to insure the "other unit" be truly an apartment the limit be reduced to 20% with a total living area size not to exceed 800 square feet if it is build as a separate structure. This would allow some one living a track of land to build a unit that could serve as guest house, residential unit for aging parents, as light rental unit as allowed under the present zoning without changing the present zoning but allowing some flexibility in their r u of se the their land. • 1 g.-; - 9d • MEMORANDUM TO: ORANGE COUNTY B ARD OF COMMISSIONERS FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: APRIL 2, 1990 SUBJECT: PROPOSED IMPERVIOUS SURFACE LIMITS - UNIVERSITY LAKE WATERSHED COPIES: JOHN •LINK, COUNTY MANAGER GEOFFREY GLEDHILL, COUNTY ATTORNEY / . As part of the Administration' s recommeridat ion on proposed amendments to the Zoning Ordinance (Action Agenda Item #K-E) , a modification to the Planning Director' s sliding scale of impervious surface ratios was proposed. The Planning Board' s rationale for recommending the modification was to establish more incentive for the creation of larger=than-5-acre lots. The same basic limits of 6% for 5-acre lots and 12% for 2-acre lots would still apply. However, a change would result for lots larger than 5 acres. Instead of a 4% cap at 6 acres, the 4% cap would occur when lot sizes reached 7 acres in size. Initially, the modification was viewed by the Administration as an enhancement of the scale. The benefits to be derived, however, are only for lots between 6. 1 and 7. 0 acres in size. Once 7. 0 acres exceeded, the amount of impervious surface permitted is the same, not only for the Planning Board and Planning Director' s proposal, but for the 13--point agreement as well (see attached chart and graph) . - '14hi, Ie the proposal by. the Planning Board may have merit, the - -"' AthainiBtration feels that adherence to the basic strategy as = Y'. i e%o fort 2-acre lots it with' sliding cscale) y is c,t 5-acre lots desirable .c ;::▪ approach. The modification as proposed by the Planning Board • ",. C Old be evaluated further as part of the 13-point agreement. 133PAR1SON OF PACED JIVER/10E SIRiFia LIMITS A5 NOM BY taDITYpIailIIE BOARD' AS PROPOSED BY CCUITY PUBEIIN6 STAFF --_ IIS PRCPOSED IN 133-POINT A6REEPINT TIE TOTAL EIJIVALENT TIE TOTAL EOUIVALDTT TIE TOTAL EEVIIIFL.ENT 11PERVICCE--AREA-1N 1IPERVI0115-EEE11 IN---- _ -1MpERVIOIl5- AREA IN • IIEE TIE 91RFACE PRY SOME 1iERE TIE SLOFACE MY SOIIARE *ERE TIE SilFACE MAY SAIIRAE -"- LOT SIZE IS: NUT EXCEED: fEET LOT SIZE IS: NIT ECM: fEET LOT SIZE IS: NOT EICEED fEET 7.0 acres or above 4.04 12197 7.0 are or above 4.0% 11:197 7.0 acres or above 4.0% 12197 ` -4;%---12323--6.1'acres 4:OF-- 12023 -6 9 acres 4.0f 12023 L E acres 4.25 12441 6.8 acres 4.0% 11848 6.8 acres 4.0% 11848 - 6.7 acres 6.7 acres 4.3% L2550 6.7 acres 4.01 11674 6.7 acres 4.0% 11674 ▪-"6-acres---__---4:4%____f_._12650--6.6 acres)` -4:0% 11500 LI acres "`- - -;•0%---11500---- - 6.5 acres 4.5% 12741 6.5 acres 4.0% 11326 • 6.5 acres 4.0% 11326 E.4 acres 4.6% 12824 L4 acres 4.0% 11151 6.4 acres 4.0% 11151 J -6-3-acres 4.7s i2>cm"-"X._3 acres 4:0%---109776.3 acres--4.0%"'10977--____ 6.2 acres 4.0 12963 6.2 acres 4.01 10803 6.2 acres 4.0% 10803 - 6.1 acres ' 4.9% 13020 LI acres • 4.0% 10629 6.1 acres 4.0% 10629 fi.'0-'acres• 3.0% 73068 acres 4.o% 10454 6.0 acres-_ ___ ---4:0% 10454' 5.9 acres 5.1% 13107 5.9 acres 4.25 10794 5.9 acres 4.0% 10280 5.8 acres 5.2% 13138 5.8 acres 4.4% 11117 5.8 acres 4.0% 10106 `. eres 5.-3% 13159 5.7 acres 4.6E 11421---5.7-acres 4.0s 993c ~ 5.6 acres 5.4% 13173 5.6 acres 4.8% 11709 5.6 acres -ti, 4.0% 9757 1 5.5% 13177. 5.5 acres - 5.01 _ 11979 5.5 acres • - 5.5 acres.:. 4 0% • 9583 .-4-acres x.65-"��31 r1 5.4 acres �.�% 71232 a 4 acres 4 a 5.3 acres 5.7% 13159 5.3 acres 5.4% 12467 • 5.3 acres 4.0% 9235 - 5.2 arms 5.8% 13138 5.2 acres 5.6% 12685 5.2 acres 4.0% 9060 5.: acre !s :31Ur 5.1"acres 5.80 12885 a ---4:13%-- 8886-'- 5.0 acres 6.01 13068 5.0 acres - 6.0% 13068 • 5.0 acres 4.0% 8712 r '4.9 acres. 6.25 13234 4.9 acres. LL..-- 6.2% 13234 4.9 acres - 4.0% 8538 4.d acres -6.4% 13382 ��tre5 6 4 acres :0% S64 a 6.6% 13512 4.7 acres 6.6% 13512 4.7 apes 4.0% 8189 E 4.7 acres • 4.6 acres 6.8% 13626 4.6 acres 6.8% 13626 4.6 acres 4.0% 8015 acres r.vs. 1x31: 4.5 acres . >.:_-.. 7.2%::.:...::.:. 13800.7:." 7.2% 13800 4.4 acres a mss::.:; ';::;r:'4.4 acres.:: 4.4 acres. :.. : 4.0% - 7667.: 4.2 acTLYrj.; 7.i 1590442-acres 4.0%. alb _. _' '!:,,- 7.4X' 13861 4.3 acres;: 7 4% 13861 4.3 acres 4.0% 7492':_ 1•. ,_ 4.2 acres ''.,. _ . 7.es , lea.* 4.t acres . 4,1 acres - 7.8% 13930 4.1 acres . 7.8% 13930 4.1 acres 4.0% 7144 =_ = .`': 4.0 acres 8.0% 13939 4.0 acres 8.0% 13939 4.0 acres 4.0% 6970 r . „yam: .,�.�.,..�.�,».�, B.4% _.-,.- ,. 3gp4.. 3.8 acres- _ 8.4 _ 13904� � -- • El.. .... ,. .r.ter. -+'n:',".'' d ,; -,:.,. .w., w-:�-' u 1:�i::.:. 7 acres 4.0x... . .- 6447 T. ..yyam�.. :. �....�'.�-. 7-,"i','.....'::3.7.acres:.-::44-' ..:�� :-:"&6% _._ a.:.13B61r: _;..:3.7 xTes-� _- 8.6% 13861 3. ems:..'• • ;...... .. ....... G .1.6 acres .. .... . El.as ....... 13tlUD 4.6 acres � • 1380u 3.6 atrts 4.05 ht73 3.5 acres' :` - `-'- 9.0% -: --:: 13721 :.:... 3.5 acres • 9.0% 13721 3.5 acres 4.0% 6098 -t • 3.4 acres -- --- 9.2% 13626` : 3.4 acres ., 9.2% 13626 34 acres 4.0% 5924 _ .. .. ,9.6% _ 4.0% 5576' ;=` : -e--., __9.6X-s t•e-- 133'82. �'1 ,.33 acres m --4-m�* _ . _ -. - : 5401 . .. .. .I. ..fir...T,,...�.�..s;_ - - - 13234 3.1 acres�'� ��«,,:.: .:•.: 3382 acres � .3..1 aem W.^.::.,:., . acres. .. .- 13234.: 3.1, r amps L 2.9 acres 10.2% 12885 2.9 acres 10.2% 12885 2.9 acres 4.0% 5063 4.0% 4879 -"� - LB acres 10.4% 12685 2.8 acres 10.4% 12685 2.8 acres �.,�.. 50.8%-:-.__..__ 12232 �u.bs 1e�67 e.7 acres 4.0s 41u ... - 2.6 acres•-_ 10.8% 12232 - 2.6 acres ..... .:,.._..,..._ ..._: 4.0% ::....:. 4530 ... _:... --1 ... _ A.0% 4356 2.5 acres : " 11.0% 11979 2.5 acres 1:.01 11979 2.5 acres acres i1.es 1Ti.r 2.-4 acres 4.0% 4ia .-2.3 acres 11.4% 11421 2.3 acres 11.4% 11421 2.3 acres 4.0% 4038 2.2 acres 11.6% 11117 2.2 acres _ 11.6% 11117 • 2.2 acres 4.0% 3833 2.1 acres 118% 10794 2.1 acres 11.8% 10794 2.1 acres (..] 4.0% 3659 2.0 acres 12.0% 10454 2.0 acres 12.0% 10454 2.0 acres 6.0% 5227 _ 1.9 acres ' 12.2% 10097 - - 1.9 acres 12.2% -10097 1.9 acres - 6.0% 4966 --_ 1.8 acres • 12.4% 9723 1.8 acres 12.4% 9723 1.8 acres 6.0% 4704 1.7 acres • 12.6% - 9331 1.7 acres - _ 12.6% 9331 i_7 acres : 6.0% 4443 - _. 1.6 acres 12.8% 8921 1.6 acres 12.8% 8921 1.6 acres _ 6.0%. 41E2 - 1.`a acres _ 13.0s_"^8494�175-acres __.. 33.% T_ 8494_' 5-acres 6+0%_.._ .. 3a24.1 ___ 1.4 acres :_;_........._..:.:. .....132x :___ 8050.:_._..L4 acres .: __ .. .. -- 8050::-:. 1.4 acres .::.._.._:::.....--:.___. 6.01 _ :. 3659 =1.3 acres .-- _ -_- _13.4%_=.--,-_-_ 7598:-.-=_.1.3 acres_::__- 13 4%_:==___ .7588_, 1.3 acres .. _ _. f�.0%- :..' __ -__, .._. 14.0%�-•'7109-12 acres FAO% 3136---- 1 172 acres ._ . ... lbw 09-T�a _= 13 8% 6612 _ 1.1 acres. - 1.1 acres_.. 13.8% ."__-- - 1.0 acres 14.0% 6098 1.0 acres - 12.0% 5227 ... :. _ - 12.x"-'-"470 ' .... _ ..-_.. 4.4% _::_ .501x-`.::-. 0.8 acres_ 1 - - r.---.. T. -"-----":_- 1 14.6%:-':':,-: •.4452 0.7 acres :_:' .....`. 12.0%._.'..: 3659 ..._..... .. less 15.0% - 3267 0 5 acres or less =4:-'� ::.=�:".: _.. --- I4:8% :6`acr45 14.8% .5868 0.�acres 12.00 5135 0.5 acres or 15.0% 3267 ' 0.5 antis or less 12.0% 2614 :7 . i I !I ! . ; �i: I� ..• . I f • I { } 7 1 i. . I _ 1 ; I !.... 1 1 1 :. - f ,. • .. 1• .., _ {. I • 1 I 1 f ! ' j ! E 1 1 ., _ • I 1 { i ! .. .- -t 1 I J M_ 1 jj • I• - •� f • •. i I . , ; • I ! 1 1 I I f f !' t f I 1 1 M I L i II I• 1 •+ f I H_ i I 1 • ! _, _.� I i j I q I i .. 1 . I: 1 , i Ji [ I j I j i ' �� [ I .• •• : (173 . rn! 1' I i li I i I •I 1 i i l i i I i I I I I• I . •.. CI 1 j : • • N 77 7 . • • _ * i 1. I I �� • s'` j — ;11;11 '0 I • • !' . n I i i I L. • • 0 : : o 1 .. 11 I 1 1 1 i I 1 • h i Y. k! K Y K Y. Y. Y. Y. Y. X }S 1 ' ' • • ' obtrl anop�i.aduU gc ,•• • • I • . . i 1 i • April 4, 1990 Ms. Verla Insko, Chair OWASA Board of Directors P.O. Box 336 Carrboro, NC 27510 Dear Verla: At the Orange County Board of Commissioners Meeting on Monday, April 2, the Commissioners adopted a motion that requests the Orange Water and Sewer Authority to include funding in their 1990-91 budget and subsequent budgets for acquisition of land. The purpose of this acquisition of land would be to reduce future pollutant loading potential within the University Lake Watershed. In addition, the Board of Commissioners adopted a motion that calls for OWASA to include funding in their 1990-91 budget sufficient to authorize a study to determine the extent of watershed protection needed for the Cane Creek Watershed. On behalf of the Orange County Board of Commissioners, I would appreciate the OWASA Board of Directors consideration of these requests. Sincerely, Moses Carey, Jr. , Chair Board of Commissioners cc: Board of Commissioners Everett Billingsley John Link RESOLUTION AUTHORIZING SCRAP TIRE DISPOSAL FEE A Resolution authorizing the Landfill Owners Group through the Chapel Hill Town Manager to assess a scrap tire disposal fee of $1 per tire that allows the Orange Regional Landfill to fully comply with the provisions of the North Carolina Scrap Tire Disposal Act. WHEREAS, the County of Orange supports the provisions of the North Carolina Scrap Tire Disposal Act; and WHEREAS, it is the intent of the Landfill Owners Group to collect and dispose of scrap tires in an environmentally sound fashion; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Landfill Owners Group through the Chapel Hill Town Manager is authorized to implement the scrap tire disposal fee of $1 per tire and to begin collection of fees upon proper notice to the citizens of Orange County. This is the cv..,1,7,i day of ®'/ / , 1990. AiA( i� Moses Carey, Jr. , Co(' r • 54/7///474/ # /S;;//1 g-- 02 '7 ° PERMANENT PROTECTION FOR UNIVERSITY LAKE WATERSHED AND WILDLIFE 4 RECOMMENDED PROPOSAL Permanent open land needed in critical areas and building density in watersheds . Purchase open land in watershed area with surcharge from water quantity used from watershed . Development density in watershed area to be in accordance with rural buffer or rural boundary district development density Protection from degrading water quality , affordable housing , wildlife , land use business and rural character . These issues are connected in various aspects and need to be jointly considered . Facts about University Lake watershed land. Total watershed area 19 ,000 acres Total UNC land 619 acres Lake area 205 acres Surrounding lake area 369 acres Damascus Church Road 45 acres Total Impervious surface Used to date 3 . 6% Not to exceed 7 . 8% OWASA Average Monthly Water Output ' 180, 000, 000 gallons Added surchage Additional Cost per Monthly Propert per 1, 000 gallons Family of 10, 000 Purchase Fund gallons monthly average - Accumulation $ •10 $1.00 $18 , 000 . 00 1/1 LAND MANAGEMENT COMMITTEE 1. Commissioners to appoint 7 committee members A. Committee responsibilities (1) Look for property in watershed for purchase, critical areas top priority. (2) Buy land with commissioners approval at fair market value. • (3) Set guidelines for property purchased , to be undisturbed, with impervious surface at 0% for maximum water protection. (4) Insure that funds are kept in account set aside for purchasing of watershed land and property taxes . (5) Insure transferral of surcharge from OWASA to Watershed Fund account. (6) To contact private conservation organizations to help protect these areas . 2. Commissioners to set 2 acre average density with 14% maximum impervious surface. • //e Resource Protection - 1. The Study committee finds that inventorying large natural areas in watershed will protect our natural resources and wildlife permanently. 2. This proposal provides greater protection of water quality, affordable lots, wildlife preservation, and rural character than state or county recommendations . These issues are connected in various aspects and need to be jointly considered . Information provided for proposal by: OWASA Elected officials Orange County Planning Department Citizens of Chapel Hill, Carrboro and County Members of Orange County Landowners Association 4/(-',W50 MEMORANDUM TO: Pete Richardson FROM: Beverly A. Blythe DATE: April 4, 1990 RE: UNIVERSITY LAKE WATERSHED ITEMS ON 4/2/90 AGENDA B. PROPOSED AMENDMENTS - JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT Approved the Administration's Recommendation C. PROPOSED AMENDMENT - ORANGE COUNTY COMPREHENSIVE PLAN Approved as recommended on the agenda abstract with an amendment to add the University Lake Watershed as an Orange County land use plan category and to include a one sentence definition to say "Land that drains into the University Lake Reservoir. (page 4 of the abstract) The category for Water Quality Critical Area was tabled (page 6) . D. Z-1-90 UNIVERSITY LAKE WATERSHED (ULW) DISTRICT Approved the Administration's Recommendation E. PROPOSED AMENDMENTS - ORGE COUNTY ZONING ORDINANCE /��A1'T Approved as esented in the agenda abstract except they the water quality critical area and protected watershed districts and they went back to the original staff recommendation on impervious surface ratios with 6% for 5 acre lots and 12% for 2 acres and a sliding scale as presented at public hearing. (A & B on page 18) F. PROPOSED AMENDMENTS - ORANGE COUNTY SUBDIVISION % W- PROCLAMATION Whereas, According to recent population figures, there are almost 14,000 persons over 55 years of age in Orange County; and, Whereas, Orange County is concerned about the health, fitness, and social well-being of its older adult population; and, Whereas, Orange County Senior Games provides a special opportunity for older adults to grow positively in the areas of health, fitness, and social well-being; and , Whereas, Orange County would like to encourage local business and resident support and participation from county residents age 55 and older; NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners declares April 23-28, 1990, as Orange County Senior Games Events Days and encourages citizens age 55 and over to participate. Moses Carey, Chair Da# rX i J /,,® •