HomeMy WebLinkAboutAgenda - 02-25-1991 ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
AGENDA
JOINT PUBLIC HEARING NOTE: BACKGROUND MATERIAL
FEBRUARY 25, 1991 IS AVAILABLE IN THE
7 :30 P.M. PLANNING DEPARTMENT
SUPERIOR COURTROOM OR THE CLERK'S OFFICE
ORANGE COUNTY COURTHOUSE (NEW)
106 EAST MARGARET LANE
HILLSBOROUGH, NORTH CAROLINA
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 966 -4501.
A. OPENING REMARKS FROM THE CHAIRMAN
B. 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 any fellow citizens . At any time should any member
of the Board or any citizen fail to observe this public
charge, the Chair will ask the offending member to 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 geniune commitment to this public
Page charge is observed.
C. PUBLIC HEARING ITEMS
1. Assignment of House & Building Numbers
005 a. Rural Route 2 , 3, 5, 6, and 7 - Mebane
2. Comprehensive Plan Amendments
013 a. CP-1 -91 Robert Ayers and Harold Harris
047 b. CP-2-91 Efland Area Study
# 3. Zoning Ordinance Text Amendments
109 a• Article 4 .3 Permitted Uses (Golf Driving & Practice
Ranges
109 b. Article 8 . 8 Special Uses (Golf Driving & Practice
Ranges
115 4. Erosion Control Ordinance Text Amendments
129 a S. Proposed Historic Preservation Commission Ordinance
D. ADJOURNMENT
Approved April 1, 1991
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
REGULAR QUARTERLY PUBLIC HEARING
FEBRUARY 25 , 1991
The Orange County Board of Commissioners met in Joint Session
with the Orange County Planning Board for the regular Quarterly
Public Hearing on February 25 , 1991 at 7 : 30 p.m. in the Superior
Courtroom, new County Courthouse, Hillsborough , N.C.
COUNTY COMMISSIONERS PRESENT: Stephen Halkiotis, Vice-Chair,
Commissioners Alice Gordon, Verla Insko and Don Willhoit.
COUNTY COMMISSIONER ABSENT: Moses Carey, Jr. , Chairman
PLANNING BOARD MEMBERS PRESENT: Elizabeth Eidenier, Chair, Clint
Burklin, William Waddell , Virginia Boland, Daniel Eddleman, Jean
Hamilton, Chris Best and Amanda Cantrell .
PLANNING BOARD MEMBERS ABSENT: Peggy Abrams, Joan Jobsis, Michael
Lewis, and Larry Reid.
A. OPENING REMARKS
Commissioner Halkiotis opened the meeting and explained the
procedure which would be followed.
B. PUBLIC CHARGE
Commissioner Halkiotis read the Public Charge.
C. ITEMS FOR DECISION
1 . Assignment of House and Building Numbers
a. Rural Route_2 3 5 6 and 7 - Mebane -
This item was presented by Marvin Collins. In summary this
item was presented to receive citizen comment on proposed house and
building numbers to be assigned to Mebane rural routs (partials)
2 , 3 , 5 , 6 and 7 . Per an agreement reached between Orange County
and the US Postal Service, all rural box numbers are being
converted to street addresses within the County . With the
Commissioners' approval of the Mebane routes, the County-wide
project of rural route conversion to street addresses will be
completed .
Route 2 Mebane encompasses an area south of US 70 bordering
the Alamance County line. Included are the northern half of
Buckhorn Road , the western half of West Ten Road , and the western
third of Mount Willing Road. Also included either partially or in
their entirety are the following roads: Redman , Mattress Factory,
East Washington, South Frazier, Oakwood, Rock Quarry , Ben Wilson,
Bowman, Whitaker, Hebron Church, Yarborough , Oak Morrow Mill ,
Lloydtown and Saxapahaw. Route 6 is a small portion of the major
route extending from Alamance, and includes only Ben Wilson and
Bowman Roads, Route 7 includes that segment of U5 70 stretching
East from the Mebane town limits to Buckhorn Road.
Route 5 Mebane adjoins Route 2 on the north side of US 70 and
includes those roads emanating from US 70, including North Frazier,
Lancaster, Shambley , Mace, Hoover and Mebane Store Road. Also,
included either partially or in their entirety are the following
roads: West Lebanon , Supper Club, Mill Creek, Doe Run, Saddle
Club, Lynch Store, Harmony Church, Mount Zion Church, Penecost, Doc
Corbett, and NC 49 from Carr Community to the Alamance County line.
Route 3 is in the extreme northwest corner of Orange County and
includes the northern half of Corbett Ridge Road, Claiborne's Road
and Atkins Road.
COMMENTS FROM THE BOARD OF COMMISSIONERS AND/OR PLANNING BOARD
None.
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
Mr. William Goodson, a resident of Route 5 , indicated that he
had received a letter notifying him that he had a new address but
it did not include his new address. Don Powell indicated that they
were unsure as to where his house was located which was why the
letter did not have an address listed . This matter will be handled
and an address assigned .
THE PUBLIC HEARING WAS CLOSED
A motion was made by Commissioner Insko, seconded by Commissioner
Gordon , to approve the proposed house and building numbers followed
by notification of the Mebane Postmaster and the N .C. Department
of Transportation, as required by G. S . 153A-240.
VOTE: UNANIMOUS
2. Comprehensive Plan Amendments
a. CP-1-91 Robert Ayers and Harold Harris - This
presentation was made by David Stancil . In summary, this item was
presented to receive citizen comment on a proposed amendment to
the Comprehensive Plan ( Land Use Element) submitted by Robert Ayers
and Harold Harris. The property proposed for amendment lies in
Hillsborough Township, south of the Interstate 40/Old Chapel Hill-
Hillsborough Road interchange . The property contains 32 . 76 acres,
has a 60-foot access lot to Old Chapel Hi l l-H i l l sborough Drive (Old
86 ) , and 2200 feet of frontage on the western right-of-way of
Interstate 40 . The property is reference as Lot 13B, Block B of
Hillsborough Township Tax Map 49 . The property and surrounding
areas are currently designated Rural Residential on the Land Use
Element of the Plan . The proposed amendment would create a new
free-standing Commercial Transition Activity Node and Ten Year
Transition area on this site. The stated purpose of the request
is to allow the applicants to make application for an office park.
COMMENTS AND QUESTIONS FROM THE BOARD OF COMMISSIONERS AND/OR
PLANNING BOARD
In response to a question from Commissioner I nsko, Mr . Stanc i 1
indicated that the Rural Buffer boundary line was approximately 3/4
of a mile to the south.
Commissioner Halkiotis asked if there was an interest on the
part of the owners to talk with the town of Hillsborough about
providing water and sewer. Mr. Stancil indicated that he was not
able to respond regarding the applicants intent.
Ms. Eidenier stated that she agreed with the Planning Staff's
recommendation. The Planning Board is working with the Economic
Development Commission to develop recommendations for all of the
interchanges along I-40 and I-85 . She indicated that they would
like to pursue this project without having to decide about a
particular property at the same time. Also, during a 1990 meeting
between the Board of Commissioners of Hillsborough and Orange
County, Mr. Whittiker recommended that this area be supplied with
town water and sewer in order that the entire area could be
developed. Commissioner Smith indicated that there was a sewer
line under the bridge at I-40 and he would like H i l l sborough to
provide water and sewer with the county providing fire and police
protection . This is something that the town and the county need
to discuss further.
THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENT
Mary Ayers indicated that she was speaking on behalf of Mr.
Ayers and Mr. Harris. She stated that the applicants do not wish
to withdraw their application at this time. The owners would like
the land use to be changed to a transition area so that they could
begin to develop on a limited basis. They would like to increase
the development of the area at sometime in the future. She
indicated that the locational criteria is met by the property. The
owners have discussed the water line with OWASA and they indicated
that if demand warranted , they would allow tap-ons of 6" or larger.
Sewer lines are currently in place within one mile of the property.
The soils report states that there are no impediments to
development and that the proposed lot arrangements would be
feasible for business or commercial use. She mentioned that with
the close proximity of I-40 and the high transmission line that
runs across the property, residential development does not seem
feasible.
Ms. Vicki Berry, 3300 Old Chapel Hill Road , spoke on behalf
of herself and her sister who owns the property next to the wooded
area. She indicated that she opposes this amendment to the
Comprehensive Plan .
Mr. Homer Davis stated that he owns property in this area.
He indicated that he is against this proposed amendment to the
Comprehensive Plan. He stated that traffic is already a problem
and this change would only worsen the situation.
A motion was made by Commissioner Gordon , seconded by
Commissioner Insko, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than April 1 , 1991 .
VOTE: UNANIMOUS
2 . CP-2-91 Efland -
This presentation was made by David Stancil . In summary
this item was presented to receive citizen comment on the findings
of the Efland Area Study, including CP-2-91 , an adjustment to the
existing Efland Center Commercial Activity Node. In the fall of
1988, after input from several residents of the Efland area in
Cheeks Township, the Planning Board requested that staff undertake
an area study to address community character concerns and future
land use issues in Efland. In November, an Efland Steering
Committee was appointed by 38 village residents. This group was
charged with 1 ) assisting staff in developing a community land use
plan and recommendations, and 2 ) studying the feasibility of Efland
incorporation and recommending a course of action. In brief , the
Efland Area Study recommends a series of actions and strategies
designed to enhance the community character of the village from the
standpoint of housing, community services, transportation, open
space and land use planning. The study proposes using
"neotraditional " planning techniques to encourage pedestrian-scale
community services and recreation facilities built around the
community's traditional core. To accomplish this , an Efland
Village Overlay District is proposed which might apply special
standards and mixed uses to enhance the core of the village and
make the community viable and well-planned in the future as
development pressures related to I-85/40 increase. Before an
overlay district can be adopted , the existing "Efland Center"
Commercial Activity Node must be adjusted (CP-2-91 ) to include
several lots that are within the service areas of the community
focus, but currently outside of the node. In this manner, all
properties in the community focus ( 1 /4-mile from strategic
intersections) can be treated consistently under the County
Comprehensive Plan . The plan would also provide a strong backbone
for a town plan, if the community should opt to incorporate in the
future.
QUESTIONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND/OR
PLANNING BOARD
In response to a question from Commissioner Insko, Mr.
Stancil indicated that the related amendment includes several other
areas in the existing community node.
Commissioner Willhoit asked what kind of commercial activity
is proposed? Mr. Stancil indicated that the proposal was to
develop the Efland Village overlay district. This would encourage
mixed use development of a community scale. Efland is a quasi-
urban area. It has urban services but is not incorporated.
Commissioner Gordon stated that she felt an application should
be completed even if staff is the originator of the proposal .
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
Mr. Robert Efland, a resident of this area, indicated that he
would like to have more information about neo-traditional overlay
zoning. He indicated that he wanted to know if changing to this
neo-traditional overlay would cause him to lose any of his rights
as a property owner. He indicated that unless the sewer line was
extended east, the property would not be suitable for commercial
development.
Ms. Marilyn Liner spoke in opposition to this proposal . She
indicated that she would like to have the meaning of the term
"affordable housing" properly defined . She indicated that the
citizens of Efland would not be willing to have trailer parks,
projects or certain types of apartment complexes. She also
indicated that the Habitat for Humanity project did not receive
widespread approval from the committee. Sidewalks for the citizens
to get to the post office and stores was agreed upon, however, they
were against recreational walking areas. Lastly , a mess was left
on McGowan Creek by the company who worked on the Efland sewer
line. Hopefully, whoever does the second phase of this project
will do a better job. Commissioner Halkiotis requested that the
Manager have the county engineer review the area of the creek where
the materials were left and supervise having that clean-up project
completed.
Mr. William Brooks, a resident of Efland, indicated that he
is opposed to businesses being allowed to locate in this area. He
would like for it to remain residential .
Mr. Michael Efland, a resident of Efland , indicated that he
is opposed to changing the zoning of this area. He mentioned that
all services are available within 5 miles of Efland and he sees no
need to have most services any closer.
Mr. Van Anderson, a property owner, spoke in opposition to
rezoning this property. He stated that he lives in Durham and will
be moving to Efland in the near future and hopes that it will
remain residential .
Commissioner Willhoit requested that a report be made on the
sewer capacity for the proposed plan . He questions if it will be
adequate to serve economic development activities.
Commissioner Insko questioned the feasibility of providing
urban service to an area which is unincorporated and unable to pay
for the services.
Mr. Link stated that the question of density should directly
relate to the viability of extending the sewer line. The first
phase of the sewer line was extended , using grant money, and based
on public health reasons as well as economic development reasons.
It was not considered a self-sustaining project at that time and
is still not considered self-sustaining. As the second extension
is pursued it needs to be establish whether it is a public
health/economic development project being funded by ad valorem
taxes or an enterprise which would need to be self-supporting.
Commissioner Willhoit stated that when the Efland Sewer
project was initially approved the intent was to set up an
enterprise fund, realizing it might have a negative cash flow in
the beginning .
A motion was made by Commissioner Willhoit, seconded by
Commissioner Insko, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than April 1 , 1991 .
VOTE: UNANIMOUS
3. Zoning Ordinance Text Amendment
a. Article 4. 3 Permitted Uses- (Golf Driving & Practice
Ranges)
b. Article 8. 8 Special Uses - Golf Driving & Practice
Ranges)
These presentations were made by Eddie Kirk. In
summary these items were presented to receive public comment on a
proposed Zoning Ordinance amendment to add a new section addressing
Golf Driving and Practice Ranges as Class B Special Uses in the
Agricultural Residential (AR) and Rural Residential (R-1 ) zones .
Mr. Bradshaw has requested that Golf Driving and Practice Ranges
be permitted uses in the Agricultural Residential (AR) and Rural
Residential (R-a) zoning districts. These ranges are currently
considered as Recreational Facilities for profit and are permitted
uses in the Community Commercial (CC-3) , General Commercial (GC-
4) and Industrial-1 ( I-1 ) zones. Although Golf Driving and
Practice Ranges may be appropriate in low density residential
areas, special conditions should be attached which allow for
minimum disturbance in residential areas. This amendment would
specifically set up a Golf Driving and Practice Range as a Class
B Special Use Permit and provide specific standards that would
apply in Agricultural Residential (AR) and Rural Residential (R-
1 ) zones.
QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS OR THE
PLANNING BOARD
Commissioner Gordon requested clarification as to why this
item was being recommended for approval . Mr. Kirk indicated that
a driving range is considered a recreational facility for profit.
The change would be to allow a Class B use in an AR and R1 zone.
He indicated that this kind of use would generate very little
traffic .
A motion was made by Commissioner Willhoit, seconded by
Commissioner Insko, to refer this item to the Planning Board for
a recommendation to be returned to the Board of Commissioners no
sooner than April 1 , 1991 .
VOTE: UNANIMOUS
4. Erosion Control Ordinance Amendments
This presentation was made by Warren Faircloth. In
summary this item was presented to receive citizen comment on
proposed amendments to the Erosion Control Ordinance. The North
Carolina Sedimentation Control Commission allows local governments
to enforce their own erosion control programs under certain
conditions. One of the conditions is that the local ordinance
conform to the Commissions Model Ordinance. The Model Ordinance
was revised by the Commission in 1990 ,and the majority of the
proposed amendments are for updating the County' s Ordinance so that
it conforms with the Model . Additional amendments are proposed by
staff and are noted as such in the commentary. The amendments will
also be made to the Chapel Hill Erosion Control Ordinance which is
administered by the County staff .
THERE WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF
COMMISSIONERS, PLANNING BOARD OR CITIZENS.
A motion was made by Commissioner Willhoit, seconded by
Commissioner Gordon, to refer this item to the Planning Board for
a recommendation, to be returned to the Board of Commissioners no
sooner than April 1 , 1991 .
VOTE: UNANIMOUS
5. Proposed Historic Preservation Commission Ordinance
This presentation was made by Marvin Collins. In summary
this time was presented to receive citizen comment on a proposed
ordinance which would, upon adoption, establish a Historic
Preservation Commission for Orange County, including mechanisms for
the identification and preservation of historic sites and
structures. In 1986 , the Planning Department completed preparation
of An Inventory of Sites of Cultural Historical Recreational
Biological and Geological Significance in the Unincorporated
Portions of Orange County. While some field surveys were
conducted , the inventory was based almost exclusively on existing
documentation. In 1988, a Master Recreation and Parks Plan was
prepared for Orange County. During the same year, the Triangle
Land Conservancy completed the Inventory of Natural Areas and
Wildlife Habitats of Orange County . These studies provided a more
detailed identification of sites than identified in the 1986
inventory. A goal of the Planning Department and Planning Board
has been the completion of the detailed inventories through a
survey of historic sites and structures. Discussions were held
with representatives of the N .C. Preservation Fund and NCDCR about
ways and means of preparing an inventory and preserving historic
sites and structures. They recommended that Orange County consider
adopting an ordinance to establish a Historic Preservation
Commission, empowered to conduct an inventory, prepare a
preservation plan, and administer programs for the preservation of
both individual sites; e. g. , landmarks, and historic districts.
Following the meeting , NCDCR provided Staff with a model ordinance
to consider in drafting a local ordinance. Information was also
provided about the annual application process for Planning and
Survey Grant funds with which to initiate and carry out a historic
inventory. Authorization was subsequently sought and obtained from
the Board of Commissioners to apply for such funds. If the
application is approved, an inventory of the unincorporated
portions of Chapel Hill Township will be undertaken. Concurrent
with the development of an application for survey funds, an
ordinance was drafted for the purpose of establishing a Historic
Preservation Commission. Authorization for counties to create such
boards is contained in Part 3C of Article 19 of G.S. 160A. The
basic provisions of the proposed ordinance are as follows:
1 . A historic Preservation Commission comprised of seven
members would be created. Members much have special
interest, education or experience in history ,
architecture, landscape architecture, archaeology or
related fields.
2 The Commission may undertake an inventory of properties
of historical , prehistorical , architectural , and/or
cultural significance.
3 The Commission may recommend to the Board of
Commissioners areas to be designated as "historic
districts" and individual structures, buildings, sites,
areas or objects be designated as " landmarks" .
A recommendation to designate a landmark would be
contingent upon the voluntary application of the property
owner. Since historic districts would be created as
overlay zoning districts, such designations may be
initiated by request of the property owner(s) , the
Historic Preservation Commission or the Board of
Commissioners. A request would be handled in the same
manner as a zoning ordinance or atlas amendment; e.g. ,
following notification of property owners, conducting a
public hearing, recommendation of the Planning Board , and
approval of the Board of Commissioners. Before either
designation could be initiated, the inventory referenced
in #1 about must be completed .
4 The Commission may conduct an educational program with
respect to historic districts and landmarks.
An educational program is partially mandated by the
proposed ordinance, since it requires the notification
of property owners of the significance of their sites
and/or structures as identified in the inventory. The
ordinance also requires that property owners be informed
of the procedures for designating historic districts and
landmarks.
5 The Commission may review and act upon proposals for
alterations, demolition or new construction within
historic districts, or for the alteration or demolition
of designated landmarks.
Before building permits may be issued for alterations,
demolitions or new construction within historic
districts, or for alterations or demolition of historic
landmarks, a Certificate of Appropriateness must be
approved by the Commission . The review process insures
that changes are in accord with the character of the
site, structure or district. Approval is based on design
principles and guidelines adopted by the Commission and
which are applicable to the structure or district.
COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING
BOARD
Commissioner Gordon indicated that there was a provision
for non-experts on the Historic Commission . For example, four
members could be experts and three p e could be interested citizens.
Mr. Collins indicated that the County's share of the inventory
cost would be $20,000 which would be matched with $20 ,000 of
Federal funds. The publishing of the inventory could be minimal
or it could be a high quality publication costing as much as
$60,000. If the high quality option is chosen, funding options
through the State, as well as local and private sources, would be
pursued. Orange County will be responsible for the unincorporated
areas and the Towns and University will be responsible for their
areas.
In response to a question from Commissioner Gordon, Mr.
Collins indicated that qualifying for tax incentives would be
handled by the County Manager and the Tax Supervisor. He stated
that if some of the property owners objected to being included in
a historic district the Board of Commissioners could review this
issue thoroughly and determine what is in the best interest of the
community. The people in the district will be included in this
process at every step of the way.
Commissioner Gordon asked how properties included in the
district will be monitored so that unauthorized renovations were
not made. Mr. Collins indicated that the County would have to
assume that role.
Mr. Gledhill mentioned that the Health Department handles the
moving of graveyards. The Register of Deeds Office has a list of
Orange County graveyards. This list is not complete. Mr. Anderson
of the Historical Society requested a question be added to the Tax
Declaration asking if the property contained a graveyard.
Apparently, many citizens didn ' t answer truthfully because they
believed that they would be taxed for the graveyard.
Mr. Collins stated that the first step in establishing a
district would be to define the boundaries. The properties which
were not in keeping with the district would be excluded wherever
possible. New construction would have to be in keeping with the
district. He indicated that the Commission would have a quasi-
judicial role in approving Certificates of Appropriateness. The
Board of Adjustment would review disputed properties to assure
that the Historic Preservation Commission had followed the adopted
guidelines in making their determination . The case could be
referred back to the Commission if procedures were not followed.
They could, in fact, reverse the decision of the Commission and
authorize a Certificate of Appropriateness. The final course of
action in a dispute would be to take the matter to court.
Mr. Collins indicated that the proposed Historic Preservation
Commission would decide on the guidelines to be used for
alterations, new construction, and additions. The enabling
legislation requires specific types of expertise to be represented
on the Commission for this reason. A Commission of 7 members, with
a majority of experts, would be workable.
A motion was made by Commissioner Willhoit, seconded by
Commission Gordon, to refer this item to the Planning Board for a
recommendation to be returned to the Board of Commissioners no
sooner than April 1 , 1991 .
VOTE: UNANIMOUS
D. ADJOURNMENT
Motion was made by Commissioner Gordon, seconded by
Commissioner Willhoit, to adjourn the meeting. The next regular
meeting will be held on March 4, 1991 at 7 : 30 p.m. in the
Courtroom of the Old Courthouse, Hillsborough, North Carolina.
Beverly A. Blythe, Clerk Moses Carey, Jr. , Chairman
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD /�
HILLSBOROUGH, NORTH CAROLINA 27278 V t
r
NOTICE OF PUBLIC HEARING
ON
THE PROPOSED ASSIGNMENT OF HOUSE NUMBERS TO RURAL POSTAL ROUTES
AND
ON PROPOSED REVISIONS TO THE COMPREHENSIVE PLAN,
ZONING ORDINANCE, AND EROSION CONTROL ORDINANCE
AND ON A
PROPOSED ORDINANCE TO CREATE AN HISTORIC PRESERVATION COMMISSION
FOR ORANGE COUNTY, NORTH CAROLINA
Pursuant to the requirements of the General Statutes of North
Carolina, Chapter 153A, Articles 6, 18, 240, 323, and 343, and
Chapter 1132, Article 60; and Article 20 , Sections 20 . 5 and 20 . 6 ,
and Articles 2 , 2 , 12 and 2 .2 . 13 of the Orange County Zoning
Ordinance; and Section VIII of the Orange County Subdivision
Regulations , notice is hereby given that a public hearing will be
held in the Superior Courtroom of the Orange County Courthouse
(New) , 106 East Margaret Lane, Hillsborough, North Carolina, on
Monday, February 25, 1991, at 7 : 30 p.m. for the purpose of giving
all interested citizens an opportunity to speak for or against the
following items :
ASSIGNMENT OF HOUSE & BUILDING NUMBERS
The postal service routes proposed for a change from existing
rural box numbers to a system of permanently assigned house and
building numbers are as follows :
1. Rural Routes 2, 3 , 5, 6, and 7 - Mebane
Five (5) partial rural routes served by the Mebane Post Office
are to be considered. The routes extend along the Alamance
County-Orange County boundary, excluding an area in the
southwest portion of Orange County near the Haw River.
Descriptions of the routes are provided below.
Route 2, Mebane, encompasses an area south of US Highway 70
bordering the Alamance County line. Included are the northern
half of Buckhorn Road, the western half of West Ten Road, and
the western third of Mt. Willing Road. Also included, either
partially or in their entirety, are the following roads :
Redman, Mattress Factory, East Washington, South Frazier,
Oakwood, Rock Quarry, Ben Wilson, Bowman, Whitaker, Hebron
Church, Yarborough, Oak Grove Church, Mebane Oaks, Vernon,
Bradshaw Quarry, Teer, Morrow Mill, Lloydtown, and Saxapahaw.
b e.
Route 3 is located in the extreme northwest portion of Orange
County and includes the northern half of Corbett Ridge Road,
Claiborne' s Road, and Atkins Road.
Route 5 adjoins Route 2 on the north side of US Highway 70 and
includes those roads extending from US Highway 70 . They
include North Frazier, Lancaster, Shambley, Mace, Hoover, and
Mebane Store. Also included, either partially or in their
entirety, are the following roads : west Lebanon, Supper Club,
Mill Creek, Doe Run, Saddle Club, Lynch Store, Harmony Church,
Mount Zion Church, Penecost, Doc Corbett, and NC Highway 49
from the Carr community to the Alamance County line.
Route 6 is a small portion of a major rural route extending
from Alamance County and includes only Ben Wilson and Bowman
Roads .
Route 7 includes. that segment of US Highway 70 extending
eastward from the Mebane city limits to Buckhorn Road.
COMPREHENSIVE PLAN AMENDMENTS
The proposed amendments to the Land Use Element of the Orange
County Comprehensive Plan are as follows :
1. CP-1-91 Robert Ayers and Harold Harris
The property in question is located at the southeast
intersectional corner of Interstate Highway 40 ( I-40) and Old
Chapel Hill-Hillsborough Road (SR 1009 ) . The property contains 33
acres and is specifically described as Lot 13B, Block B, of Tax Map
49 in Hillsborough Township. The property fronts on 1-40 for a
distance of 2,200 feet and on Old Chapel Hill-Hillsborough Road for
a distance of 100 feet. The current zoning designation of the
property is R-1 - Rural Residential.
The property is being considered for re-designation in the
Hillsborough Township Component of the Comprehensive Plan from
Rural Residential to Ten-Year Transition and Commercial Transition
Activity Node.
2. CF-2-91 Efland Area Study
The Efland Area Study is a community.-based small area plan. A
number of plan recommendations have been prepared which are
designed to protect community character and encourage appropriate
land use planning in the village. The area study will be presented
in its entirety at the hearing.
One recommendation involves a proposed amendment to the Cheeks
Township Component of the Comprehensive Plan. The amendment would
revise the boundaries of the Efland Commercial-Industrial Activity
Node (CK-1) to reflect the designation of three "community centers
or foci" at major intersections in the village. These areas are
locations where village-scale development of a mixed-use nature
,. nn
t1
might be encouraged. Portions of these "community foci" are located
north and west of the current boundaries of the Efland Activity
Node. No other plan amendments are required as part of the study.
ZONING ORDINANCE TEXT AMENDMENTS
The proposed amendments to the Orange County Zoning Ordinance
are as follows :
1 . Amend ARTICLE 4 . 3 PERMITTED USE TABLE by adding "Golf Driving
and Practice Ranges" as a use permitted in the Agricultural-
Residential (AR) and Rural Residential (R-1 ) zoning districts
following the approval and issuance of a Class B Special Use
Permit, and as a use by right in the Community Commercial (CC-
3) , General Commercial (GC-4) , and Industrial-1 ( I--1 ) zoning
districts . .
2 . Amend ARTICLE 8 . 8 REGULATIONS GOVERNING INDIVIDUAL SPECIAL
USES by adding a new Article 8 . 8 . 6 Golf Driving and Practice
Ranges which sets forth specific site plan and development
standards applicable to golf driving and practice ranges .
EROSION CONTROL ORDINANCE TEXT AMENDMENTS
The proposed amendments to the Orange County Sedimentation &
Erosion Control Ordinance will conform the ordinance with the N.C.
Sedimentation Control Commission' s Model Ordinance. Specifically,
these amendments :
- Add definitions;
Require increased protection for High Quality Waters;
Allow enforcement action against forestry activity;
- Allow consideration of an applicant' s past performance in
granting erosion control plan approval;
-- Increase the penalties for violations from $100 to $500 per
day; and
Incorporate other administrative changes .
Amendments proposed by the Erosion Control Division include
the following:
- Addition of headings to the text, a table of -contents, and
an index to improve readability;
- Clarification of jurisdictional boundaries;
- Addition of a basic control objective to insure that site
designs are compatible with erosion control standards;
- Clarification of the imposition of conditions of approval to
erosion control plans; and
Incorporate minor administrative changes .
Sections 3-5, 7-10, 15, 17-19, 21-22, and 26 of the Ordinance
will be affected by the proposed amendments .
PROPOSED HISTORIC PRESERVATION COMMISSION ORDINANCE
The proposed ordinance would establish a seven-member Historic
Preservation Commission which would have the following powers and
duties :
- Undertake inventories of historic sites and structures;
- Recommend areas for designation as historic districts; and
- Upon application by individual property owners, recommend
individual sites and structures for landmark designation.
Prior to recommending any historic district or landmark for
designation, an inventory of sites and structures must be
undertaken. Review and comment by the N.C. Department of Cultural
Resources is also required, and, in the case of a historic district
designation, the Planning Board must also review and comment upon
the proposal. Finally, a public hearing to receive citizen comment
is required on both district and landmark designation proposals .
Such designations are approved only by the Board of Commissioners
and only after the preceding steps have been taken.
Upon approval of a designation by the Board of Commissioners,
the Historic Preservation Commission may then adopt design
guidelines and standards to govern changes to the exterior of
structures and grounds . Building permits may not be issued for new
construction, additions or renovations until a Certificate of
Appropriateness has been issued by the Commission. The interior of
structures is not affected by the design guidelines and standards .
All interested citizens are invited to attend this hearing and
be heard. Public comment will be received during the public
hearing. Following the close of the public hearing, only evidence
received in writing by the date of the Planning Board meeting
following the public hearing will be considered by the Board of
Commissioners for decision.
Changes may be made in the advertised proposals which reflect
debate, objections and discussion at the hearing.
Questions regarding the proposals may be directed to the
Orange County Planning Department located in the Planning &
Agricultural Center, 306F Revere Road, Hillsborough, North
Carolina. Office hours are from 8 : 00 a.m. to 5 :00 p.m. , Monday
through Friday. You may also call 732-8181 (Hillsborough) , 688-7331
(Durham) or 967-9251 (Chapel Hill-Carrboro) . Please ask for
Extension 2585 or 2575. You will be directed .to a, staff member who
will answer your questions.
Marvin Collins, Planning Director
PUBLISH: February 13, 1991
February 20, 1991
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25, 1991
Action Agenda
Item # G• I . a.
SUBJECT: ASSIGNMENT OF HOUSE AND BUILDING NUMBERS
DEPARTMENT: PLANNING PUBLIC HEARING X Yes No
ATTACHMENT(S) : INFORMATION CONTACT: Don Powell
G.S. 153A-240
Location Map
Notification Letter TELEPHONE NUMBERS:
Legal Notice Hillsborough - 732-8181
Brochure Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comment on proposed house and building
numbers to be assigned to Mebane rural routes (partials)
2,3 ,5, 6 and 7 .
BACKGROUND: Per an agreement reached between Orange County and the US
Postal Service, all rural box numbers are being converted
to street addresses within the County. The conversion is
a continuation of the project begun in 1987 to change all
County addresses to permanently assigned house numbers.
To date twenty eight (28) routes have been changed (Chapel
Hill routes 1,2,4,5, 6,7,8, 10, 11,13 and 15; Hillsborough
routes 1,2, 3,4,5, 6,7 and 8; Durham routes 1,2 and 7 ;
Rougemont routes 2 and 3; Cedar Grove route 1; Efland
routes 2 and 3 ; and Hurdle Mills route 1) .
with the Commissioners' approval of the Mebane routes, the
County-wide project of rural route conversion to street
addresses will be completed. A total of 33 routes and
partial routes will have been assigned sequentially-
numbered house numbers. Follow-up tasks will include the
inventorying of road signs for corrected names and
spelling, and the placement on road signs of block-range
numbers consistent with the new address system. At that
time, a field review will be conducted for houses and
buildings which did not receive new addresses during the
three-year course of the project. Assignments will be made
as required and daily maintenance of the address system
will be on-going within the Planning and Inspections
Department.
0 b
Route 2 Mebane encompasses an area south of US 70
bordering the Alamance County line. Included are the
northern half of Buckhorn Road, the western half of West
Ten Road, and the western third of Mount Willing Road.
Also included either partially or in their entirety are
the following roads: Redman, Mattress Factory, East
Washington, South Frazier, Oakwood, Rock Quarry, Ben
Wilson, Bowman, Whitaker, Hebron Church, Yarborough, Oak
Grove Church, Mebane Oaks, Vernon, Bradshaw Quarry, Teer,
Morrow Mill, Lloydtown and Saxapahaw. Route 6 is a small
portion of the major route extending from Alamance, and
includes only Ben Wilson and Bowman Roads. Route 7
includes that segment of US 70 stretching east from the
Mebane town limits to Buckhorn Road.
Route 5 Mebane adjoins Route 2 on the north side of US 70
and includes those roads emanating from US 70, including
North Frazier, Lancaster, Shambley, Mace, Hoover and
Mebane Store Road. Also included either partially or in
their entirety are the following roads: West Lebanon,
Supper Club, Mill Creek, Doe Run, Saddle Club, Lynch
Store, Harmony Church, Mount Zion Church, Penecost, Doc
Corbett, and NC 49 from Carr Community to the Alamance
County line. Route 3 is in the extreme northwest corner
of orange County and includes the northern half of Corbett
Ridge Road, Claiborne's Road and Atkins Road.
General Statute 153A-240 requires that a Public Hearing be
held on the proposed house and building numbers to be
assigned. Notices have been sent to all affected
residents and ' ' posted in two other places within the
proposed area. '
A Planning Board recommendation is not required on the
proposed house and building numbers, and the Commissioners
may approve the assigned numbers following the conclusion
of the hearing.
RECOMMENDA-
TION: Approval of the proposed house and building numbers,
followed by notification of the Mebane Postmaster and the
N.C. Department of Transportation , as required by G.S.
153A-240.
j Local Modification• —MBrunswick- 1979. 2nd
Sem.,c.1319;Caberrua:1981.a 568,amending 1979,
2nd Saa., C. 1319; Averr 1983, a 98; Brunswick:
1983, c. 98; Cabarrus: 1983, a 98; New Hanover.
1983,e.98;Stokes:1983,c.299;Surry:1983,a 299.
5 153A-240. Naming roads and assign-
ing street numbers in unin-
corporated areas.
A county map by ordinance name or
rename any public road within the county
and not within a•city, and may assign or
reassign street numbers for use on such a
road_ In naming or renaming a public
i road,a county may not
1 (1) Change the name, if any, given to
the road by the Board of Trans-
portation, unless the Board of
Transportation agrees;
(2) Change the number assigned to
the road by the Board of Trans-
portation,but may give the road a
name in addition to its number;or
(3) Give the road a name that is
deceptively similar to the name of
any other public road in the vicin-
ity.
A county shall not name or rename a
road or assign or reassign street numbers
I on a road until it has held a public hearing
1 on the matter.At least 10 days before the
day of the hearing, the board of commis-
sioners shall cause notice of the time,
place,and subject matter of the hearing to
be prominently posted at the county court-
house, in at least two public places in the
township or towalshi s where the road is
located, and shall publish a notice of such
hearing in at least one newspaper of
general circulation published in the
county.After naming or renaming a public
road, or assigning or reassigning street
numbers on a public road, a county shall
cause notice of its action to be given to the
local postmaster with Jurisdiction over the
road, to the Board of Transportation, and
to any city within five miles of the road.
This section does not repeal or modify
ARTICLE 12. Chapter 945 of the Session Laws of 1953,
which pertains to naming streets in
Roads and Bridges. Kannapolis. (1957, c. 1068; 1973, c. 507,s.
5;c.822,s.1;1981,cc.112,518.)
5 153A-239. Public road defined. Local Modification. — Brunswick: 1979. 2nd
In this Article 'public road" or "road" Ses&•a 1319;Cabarrus:1981•c.568,unending 1979,
means any road, street, highway, thor- 2nd Se&6^ a 1319;Forsyth: 1981, a 558; Guilford:
qtl hfare,or other way o assi a that has 1879,c 283;Avert 1983.c.98;Brunswick:1983,c.
g y $ 98;Cabarrus:1983.c-98;New Hanover 1983,a 98;
been irrevocably dedica to the public or Stokes:1983,c 299;Swvr.1963.c M.
in which the public has acquired rights by Editor's Note.—Ptn umt to Session Laws 1973,
prescription,without regard to whether it c- so7, s. 5, Board of hansparwtion` has been
is open for travel.(1973,c.822,s.1.) subsutnud for State Highway Commission'and for
180
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ORANGE COUNTY PLANNING DEPARTMENT ll��
306F REVERE ROAD �1
HILLSBOROUGH, NORTH CAROLINA 27278
Dear Resident;
In April, 1987, the Orange County Board of Commissioners adopted a House Numbering
Ordinance which authorizes the conversion of rural routes and box numbers for all
Orange County addresses. To date twenty eight (28) postal routes have been converted
to street addresses. Additionally, all new homes and businesses on single lots and
all new subdivisions have been assigned street addresses adhering to the county-wide
system. All addresses are computer-maintained and are now being used to support the
vital functions (voter registration, tax records, 911 emergency) as well as mail
delivery by the appointed postal service areas. With the Board of_ Commissioners'
approval of the Mebane rural route changes, all of Orange County will have permanent
street addresses and rural routes and box numbers will be a thing of the past.
Mebane Rural Routes 2,3,5,6 and 7 are now being proposed for conversion to house
numbers. On Monday, February 25, 1991, a Public Hearing will be held before the
Orange County Board of Commissioners to consider the proposed assignment of house
numbers to residences and buildings on the five (5) Routes extending into orange
County served by the Mebane Post Office. The- hearing will be held at 7:30 p.m. in
the Superior Courtroom of the New County Courthouse in Hillsborough.
If approved, the house numbers will replace the old system of rural routes and box
numbers. This change will improve mail delivery and allow 911 emergency calls faster
access to addresses. Residents will be required to display their new number on their
mailbox with numerals at least one (1) inch high.
The proposed NEW ADDRESS which reflects the Physical location of your residence at
tax map reference is as follows
OLD ADDRESS NEW ADDRESS
If you wish to speak in regard to this proposal, please attend the Public Hearing.
We ask, however, that you confine your comments to specific concerns regarding the
assigned house number or street address. If you require additional information about
the general process of route conversion or assigned house numbers, please contact one
of the Planning Department staff members below.
Miriam Coleman (Extension 2576) or Beth McFarland (Extension 2578) Orange County
Planning Department
306-F Revere Road
Hillsborough, N.C. 27278
Phone: Hillsborough 732-8181 Mebane 227-2031
Chapel Hill 967-9251 Durham 688-7331
Sincerely,
Marvin E. Collins
Planning Director
FREQUENTLY ASKED QUESTIONS ADDITIONAL INFORMATION MAY BE
OBTAINED FROM:
1 . Q. now will I know when to
begin using my new address? ' HOUSL
A. For entire Route INFORMATION SERVICES
conversions, The Planning
Department will notify you
by snail of the effective ORANGE COUNTY PLANNING AND NUMBLRS
date to begin using your INSPECTIONS DEPARTMENT
new address. For new 306-F Revere Road
construction and individual Hillsborough, North Carolina
house address changes, the 27278
effective date is the date. ..l 7
the assignment is made upon OFFICE HOURS: MONDAY THRU
request to the Planning FRIDAY, 8:00 AM - 5:00 PM ., , 60
Department. - 17 : 52 s �7
TELEPHONE EXTENSIONS 2576 fj
Z.. Q. when do I place the or 2578 y
assigned numbers on my mail 4
box? Chapel Hill ---------- 968-4501
Durham --------------- 688-7331
A. Within 30 days after Hillsborough --------- 732-8181
you have been notified. Mebane ------ 227-2031 (ONANCE COUNTY NANNINC
3. Q. what happens to mail
with my old address on it?
A. The Post Office
guarantees delivery of all vntp of
mail labeled with either
the old or new address for �� �$
at least a year. +
i. Q. Do I have to throw away 17
my checks with the old *a
address on them?
A. No. Use up your old 41,
rt4 fat°
checks, and only then order
checks which have your new 306F REVERE ROAD, HILLSBOROUGH, N 0.2117$
address on them.
J
In addition to route-
House Numbers are replacing + y conversion, new houses on
Rural Routes and Box Numbers f single lots are assigned
in Orange County. - The -street addresses at the timd`
Planning and Inspections 1 co the Building Permit is issued.
Department, with help from the Subdivision lots are numbered
U.S. Postal Service, began the y `�}- during the Planning Department
project in the spring of 1987, ! Hwy 70 review process so that final
after the Board of County plats have pre-determined
Commissioners adopted an IIICI;S(]0lt0�Cl� numbers for future address
ordinance authorizing the assignment.
conversion to street
addresses . The objective is I r; 1715 to give permanency and 0 1703 8320
consistency to a system which CL '
will allow more efficient mail I 00CIIAPEL delivery, and 911 access, to 10- } 17 9 8322 an address that will remain constant, even as postal territories change. 1711 CARROOR8317 ..
The system, called the Equal
Interval System, works like
this: New number assignments will
17117 Two intersecting base lines become an integral part of the
.� (roads) define a point of County's GEOGRAPHICAL
origin from which 50-foot INFORMATION SYSTEM (GIS) . GIS .
,vs increments are measured as one is a computer mapping system
s�"oJT,q� moves away from the zero which has analytical
e point• where houses or capabilities. It will know
buildings exist, a number is the distance of all the
assigned consistent with the . County's roads, and when asked
distance measured from the to locate any of the
base intersection. Vacant sequentially assigned numbers,
land is held in reserve for GIS will be capable of
= future potential growth and dispensing an almost infinite
number assignment. Block amount of information relative
numbers change every 600 feet, to that specific address .
thus, the further away from This will be particularly
the intersecting base lines important in the dispatching
(NC 70 and NC 86) the higher - of emergency vehicles under
the house number. the County's EMERGENCY
DISPATCH SYSTEM (E-911) . __�
. i }
0.1,E
L '
--- ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date FEBRUARY 25, 1991
Action Agenda
Item # C. 2. a.
SUBJECT: CP-1-91 : ROBERT AYERS AND HAROLD HARRIS
DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No
ATTACHMENT(S) : INFORMATION CONTACT:
Application Materials Dave Stancil, Extension 2590
Staff Analysis
Site Map TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comment on a proposed
amendment to the Comprehensive Plan (Land Use
Element) submitted by Robert Ayers/Harold Harris .
BACKGROUND: The property proposed for amendment lies in
Hillsborough Township, south of the Interstate
40/Old Chapel Hill-Hillsborough Road interchange.
The property contains 32 .76 acres, has a 60-foot
access lot to Old Chapel Hill-Hillsborough Drive
(Old 86) , and 2200 feet of frontage on the
western right-of-way of Interstate 40 . The
property is referenced as Lot 13B, Block B of
Hillsborough Township Tax Map 49 .
The property and surrounding areas are currently
designated Rural Residential on the Land Use
Element of the Plan. The proposed amendment would
create a new free-standing Commercial Transition
Activity Node and Ten Year Transition area on
this site. The stated purpose of the request is
to allow the applicants to make application for
an office park.
RECOMMENDATION: Planning Department staff recommends that the
applicants be permitted to withdraw their
application pending completion of related work by
the Planning Board/Economic Development
Commission Work Group, the Hillsborough/Orange
County Cooperative Planning efforts, and the
County's ten-year update of the Land Use Element
of the Comprehensive Plan.
If the applicants opt not to withdraw their
request pending completion of the above, staff
recommends denial of the proposed amendment.
• 1
0111
M E M O R A N D U M
TO: ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY MANAGER
FROM: ORANGE COUNTY PLANNING STAFF
RE: CP-1-91, AYERS AND HARRIS
DATE: FEBRUARY 19, 1991
GENERAL DESCRIPTION
The property in question is located in Hillsborough Township,
and is known as Lot 13B, Block B of Hillsborough Township Tax
Map 49 . The parcel contains 32 . 76 acres and is located
southeast of the intersection of I-40 and Old Chapel Hill-
Hillsborough Road. The property fronts on both Interstate 40
and Old Chapel Hill-Hillsborough Road (Old 86) .
The amendment proposal has been submitted by property owners
Robert Ayers and Harold Harris . The amendment requests a
change in classification for this property on the
Hillsborough and Chapel Hill Township components of the
Orange County Comprehensive Plan, Land Use Element. The
current classification is Rural Residential. The proposed
classification is Commercial Transition Activity Node and Ten
Year Transition.
APPLICATION REQUIREMENTS
Application requirements for an amendment to the Orange
County Comprehensive Plan are contained in Articles 2 and 20
of the Orange County Zoning Ordinance. These requirements
and information supplied by the applicant (shown in bold) is
presented below.
1 . Article 2 .2 . 14 states the reasons for which the
Comprehensive Plan may be amended.
a. Because of changed or changing conditions in a
particular area or areas of the County;
1
x
016
The applicants state that the completion of
Interstate 40 - linking the Research Triangle
Park to areas west - has introduced a changed
condition in both the appropriateness of
residential land use for this property and the
market for non-residential uses at this site.
As evidence of this, the applicants cite the
fact that this property has been listed on
Realtor indices for two years and has received
a number of inquiries from commercial brokers.
In addition, the applicants contend that there
currently exists a shortage of available
office space in the area, especially for large
employers of office personnel.
The 2200 feet of frontage on Interstate 40 is
mentioned by the applicant as making
residential use infeasible. The fact that
existing commercial zones on Old Chapel Hill-
Hillsborough Road are currently eight miles
apart is also cited as a rationale for
changing conditions in the area.
In summary, the applicants state that "the
property's location, with its proximity to the
Town of Hillsborough and the Research Triangle
Park, makes it an excellent site for an office
park suitable for corporations with a need for
modern, spacious facilities. "
b. To correct an error or omission in the
Comprehensive Plan.
No error or omission has been cited by the
applicants.
C. In response to a change in policies,
objectives, principles or standards governing
the physical development of the County.
Applicants state that the Orange County Land
Use Element is scheduled for a 10-year update
in 1991. The Economic Development Commission's
Target Advisory group has meanwhile
recommended the re-assessment of land use
policy along the I-40 corridor. In addition,
the Planning Board and Economic Development
Commission have entered into a Joint Agreement
that offers "an opportunity for well-planned
growth in central Orange County" . The
applicants contend that these factors
represent a change in land use policy and that
1991 is therefore an appropriate time to
2
01'7
consider long-term planning for this area.
2 . Article 2 .2 . 14 .2 differentiates between principal
and secondary amendments.
Principal amendments include:
a. Additions to or modifications of policies,
objectives, principles or standards;
As previously mentioned, the applicants
believe that 1991 is an appropriate time to
begin long-term planning for the I-40 corridor
and have thus recommended that their land use
classification be re-assessed. Such a
reassessment might be a modification of prior
policy along Interstate 40, thus qualifying as
a principal amendment.
b. The creation of new activity nodes or
additions to existing activity nodes which
exceed ten ( 10) acres in land area; or
This proposed amendment would create
a new free-standing Commercial Transition
Activity Node for the 33-acre site, along with
a like designation of Ten Year Transition to
implement the transition to a different
classification. As such, this amendment is a
principal amendment to the plan.
C. Proposals for new freestanding plan areas or
additions to existing areas that exceed one
hundred ( 100) acres in land area.
Although this is a proposal for a freestanding
plan area, the site is less than 100 acres.
3. Article 20.3.2 also requires the submission of the
following additional information:
a. A fully dimensioned map at a scale of not less
than one hundred ( 100) feet to the inch
showing the land which would be covered by the
proposed Comprehensive Plan amendment, and a
legal description of the land;
Submitted.
b. The manner in which the proposed
amendment will carry out the intent and
purpose of the adopted Comprehensive Plan.
3
• ` y
01 �
The applicants maintain that the intent and
purpose of the Comprehensive Plan would be
furthered by the proposed amendment. As
evidence, the applicants cite the existence of
changed conditions in the area, the County's
potential tax revenues from a developed site,
the generation of needed employment
opportunities in central Orange, the
appropriateness of certain land uses along
Interstate 40, and the site's location at a
strategic intersection from both a local and
regional perspective as rationale for
consistency with the Comprehensive Plan.
COMPARISON WITH LOCATION STANDARDS
In an analysis of a Comprehensive Plan amendment, the
requested designation is evaluated for compatibility with the
applicable Locational Criteria in Section 3 .4 of the Land Use
Element of the Comprehensive Plan. .In the section below,
COMPLIES means that the site is compatible with the
locational criterion. DOES NOT COMPLY means that it is not.
Additional explanation is provided where the response is not
clear-cut.
COMMERCIAL TRANSITION ACTIVITY NODE
SLOPE. (Located on land with less than 15% slope)
COMPLIES. The applicant cites gently rolling land on this
property with slope of 2 to 7 percent. Topographic mapping of
the area confirms that the site is generally of moderate
slope (2-10 percent) , providing a relatively-suitable
environment for development. Located downstream and south of
the site, in northern Chapel Hill Township, a Resource
Protection Area with relatively steep slopes exists along
Stony Creek.
HYDROLOGY. (Located outside designated 100-year flood prone
area as defined by Corps of Engineers)
COMPLIES. The site is near a ridge and contains a portion of
the headwaters of Stony Creek. It is located well outside any
flood-prone areas. The property drains largely to the south
and east, into the Stony Creek Basin.
FLORA AND FAUNA. (Located away from sites that would, if
developed, create a threat to unique or endangered species as
identified by the State or Federal government)
COMPLIES. This site does not contain any such sites. In
addition, it is not located in close proximity to any listed
4
i r
O1
sites of natural, biological, or ecological significance.
SOIL CONDITIONS. (Located in areas where general soil
conditions are suitable for urban uses because of good
drainage characteristics and load-bearing capacity for future
development) .
COMPLIES. The predominant soil types are Herndon and
Georgeville silt loams. These soils are also well drained and
provide high suitability for most urban uses. Soil
permeability is moderate, with a medium potential for urban
uses because of slope and permeability constraints.
A band of Tatum soils are found on lands along the
headwaters of Stony Creek. These soils have slightly
steeper slopes and have moderate permeability and shrink-
swell potential. This soil group also has limited potential
for most urban uses because of slope and depth to rock,
however, this limitation can be reduced or modified by
special site planning, design, or maintenance.
PUBLIC SERVICES/FACILITIES. (Located in areas which are or
could be reasonably and efficiently served by centralized
public services and utilities) .
OUESTIONABLE. Currently, a 16-inch OWASA pipeline runs along
the property's boundary at Old Chapel Hill-Hillsborough
Drive. The applicant cites this pipeline as a means of
compliance with the Land Use Element's provisions for
reasonable and efficient utility service.
However, this pipeline is used. only to transfer water between
Hillsborough and OWASA. It is not in active service and
carries water only when the two water systems choose to
utilize it to augment water supplies across the county.
Conversations with OWASA staff confirm that this large
pipeline is not available for individual taps and is a
transfer-only pipe.
In addition, there is no public sewer present on site, nor
are there plans to provide public sewer at this time. The
provision of these services is one of the criteria for the
establishment of a transition node.
In terms of other public services, the area is not within the
Town Limits of Hillsborough. Public safety protection would
be provided by the Orange County Sheriff's Department with
fire protection from the Orange Rural Fire District.
Although this site alone may be adequately served with
public safety and fire protection, one of the long-term
policy implications of increased non-residential development
in this area could be inadequacy of service if higher
intensity development occurs.
5
• � i
2 0
TRANSPORTATION SYSTEM. (Focused on the intersection of
arterial and/or collector highways and extending 0 .5 miles
beyond such intersections or within one mile of an interstate
interchange) .
COMPLIES. This site has excellent access, located at the I-
40\Old Chapel Hill-Hillsborough Road interchange. This type
of site is exemplary of a strategic transportation
interchange and thereby complies with this criterion.
ENERGY USE. (Located less than 10-minutes commuting time from
an urban area) .
COMPLIES. The site is located less than five minutes from the
Hillsborough urban area and is approximately ten minutes from
the Chapel Hill urban area via Interstate 40.
EXISTING LAND USE. (Located within identified Ten or Twenty
Year Transition Areas) .
DOES NOT COMPLY. There is no .designated Transition area on
the southeast side of Interstate 40. The site is currently
designated Rural Residential. However, the applicant has
proposed the establishment of, Ten Year Transition for this
property. Both Ten and Twenty Year Transition Areas are
located north of this interchange.
AGRICULTURE AND FORESTRY. (Located away from areas where
development would have a detrimental impact on productive
agricultural uses and managed forest land) .
COMPLIES. There are no agricultural uses near this property,
nor is the site in question located in close proximity to
managed forest land such as Duke Forest.
POPULATION DENSITY. (Located in areas with moderate to high
population. density) .
DOES NOT COMPLY. The area surrounding the I-40/Old Chapel
Hill-Hillsborough Road interchange is quite rural in nature,
with sparsely-located single-family housing along "Old 86" .
Only 14 houses are located within 1/2-mile of this site.
HISTORIC AND CULTURAL. (Located away from areas where
development would have a detrimental impact on State or
Federally-acknowledged historic or cultural sites, or County-
,identified Public Interest Areas. )
COMPLIES. There are no identified historic or cultural sites
located in close proximity to the property.
6
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UPI.
AGENCY COMMENTS
No agency comments have been received. Comments were
solicited from the Town of Hillsborough; the N.C. Department
of Transportation; the Orange County Sheriff's Department,
Economic Development Commission, Engineer, Emergency
Services, Soil and Water Conservation, and Attorney.
STAFF ANALYSIS
The issue of non--residential uses at the Interstate 40/Old 86
interchange is not a new one. Perhaps the most
significant of the previous work on the subject came in 1984,
with the I-40/Old 86 Area Study.
The I-40/Old 86 Area Study was developed with area residents
in early-mid 1984 . Documents indicate that the citizens
involved with this study fell into two camps: those in favor
of non-residential development at the (then under
construction) interchange; and those who wished to see
continued rural residential uses . The area study presented at
public hearing in August 1984 (and again in November 1984)
called for the establishment of a "blended" Commercial
Transition and Rural Industrial Activity Node. Comments at
those public hearings reflected both favor and disfavor.
The eventual conclusion of the study came in January 1985,
when the proposed amendments were not acted upon in favor of
leaving the area Rural Residential.
The current proposal again raises the issue of non-
residential development at an interstate interchange north of
the Rural Huffer.
From a geographic or locational standpoint, the site meets
the majority of criteria against which a Commercial
Transition Activity Node is judged. Topographic and soils
features are adequate for development, and there are no
natural areas, farmlands, or culturally-significant sites
that would be adversely affected by this proposal. The
transportation system at this site is almost textbook in its
qualifications, located adjacent to a freeway leading into
the Research Triangle.
The primary concerns with the site relate to the fact that is
not currently recognized in the Land Use Element as a
transition area, the lack of a supporting population density
in the vicinity, and the question of public services.
All of these issues are related to the question of
appropriate development at the interchange. Of these
concerns, the first has the most policy-related implications .
It should be noted that the I-40 interchange is one of three
in Orange County leading into the urban areas comprising the
7
N .v
Research Triangle area. Each of the interchanges have been
studied and evaluated as to their role in the "big picture"
of the Orange County Comprehensive Plan.
The interchanges at New Hope Church Road and NC 86 were
studied and analyzed as a part of the Joint Planning Area
Land Use Plan from 1984-87 . As a part of that cooperative
planning strategy, I-40 became a "hard edge" for urban
services and development in the 20--year planning timeframe.
The interchange at NC 86 reflects the potential for mixed-use
transitional development on its southern or "Chapel Hill"
side, while the northern side of I-40 is designated as part
of the 38,000-acre Rural Buffer growth management area that
separates the future urban areas of Chapel Hill and
Hillsborough.
The interchange at New Hope Church Road lies in the heart of
the Rural Buffer and is therefore not appropriate for non-
residential development. A neighborhood level node at the
traditional Blackwood Station community serves the Rural
Buffer population with localized services not available to
the north or south.
The Old Chapel Hill-Hillsborough Road (Old 86) interchange,
however, is located north of the Rural Buffer. Taken in
context with the Land Use Element as a whole, its role as a
strategic interstate interchange is similar to that of the
"New 86" interchange mentioned above. At this interchange,
the north or "Hillsborough" side of the interchange is
designated Transition, indicating that urban services are
available or are projected to be available by the year 2001 .
However, the existence of Ten--Year Transition on the north
side of this interchange does not include a corresponding
node, which means that although transition to urban uses is
occurring, this transition is to be residential in nature.
The southern side of this interchange, where the site is
located, is designated Rural Residential. Here again, the
concept of Interstate 40 as a "hard edge" to urban
development during the plan period is applied. It is clear
that this concept is a basic tenet of the Land Use Element
-= for rural boundary areas on the fringe of both Chapel Hill
and Hillsborough.
Another set of events important to this question involves the
proposed Hillsborough Cooperative Planning Zone. Discussions
between the Orange County and Hillsborough Planning Boards
represent an attempt by both to define the boundaries of
a cooperative planning zone, with a transition area for urban
development and an outlying rural area.
The Town of Hillsborough Planning Board originally proposed
a 8
yr,
4`
f
the designation of urban transition area for lands both north
and south of the interchange. However, the Orange County
Planning Board has proposed the designation of Transition
Area on the northern side of the interchange, but continues
the Land Use Element concept of using I-40 as a natural urban
boundary, with rural areas to be located south and west of
the freeway.
Recent efforts along these lines have included a proposal by
the Town Commissioners to recognize I-40 as a transition area
boundary. Discussion of this proposal is ongoing.
This interchange area is also being considered by both
the Orange County Planning Board/Economic Development
Commission Work Group and the Economic Development
Commission's Target Advisory Group as a potential
area for employment generating and tax base-enhancing
activities. However, this process is in the very early stages
and any evaluation of this potential site from that
standpoint would be premature. The applicants are aware of
this effort.
The issue of a supporting population density in the vicinity
of this site is one that would likely be answered by both
time and the proposal itself. The question of a supporting
adjacent population in and of itself is not a major obstacle,
given future urban densities north of the interstate and the
accessibility of the transportation network.
However, the question of adequate public service provision
without urban services remains problematic. The applicants
propose to use the OWASA water line on Old Chapel Hill--
Hillsborough Road as a source of water supply, but OWASA has
indicated that this large pipeline is not always in service,
and more importantly, is a water--transfer pipeline only. This
line, therefore, could not be tapped for service.
Other necessary public services - especially public safety
and fire protection - would be provided by rural-oriented
- agencies such as the County Sheriff's Department and the
Rural Orange Fire Department. One policy implication of
increased non-residential development in this area without
the full range of urban services could be future service
y- inadequacies - especially if development intensity were
permitted to increase.
In summary, the question of non-residential development at
this interchange is one that has been discussed in the
public forum before. A 1984 Area Study resulted in no change
to existing policy documents or plans. The applicant asserts
that the completion of 1-40 has now created a changed
condition which warrants the designation of a Commercial
Activity Node on these 33 acres .
=::�.
ry, 9
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However, the Land Use Element is consistent in its treatment
of these "balancing" interchanges on either side of the Rural
Buffer. The use of Interstate 40 as a growth management tool
and boundary of urbanization allows for a definite and fixed
boundary for urban development through the plan period.
While urban development on the north side of the interchange
could extend logically from the existing urban areas in
Hillsborough, a node on the south side of this interchange
would not have a natural boundary to limit urban sprawl . This
is a fundamental tenet of both urban and rural planning, and
provides for a logical and incremental extension of urban
service areas .
It is possible that such a proposal might be feasible and
appropriate in the long-term (beyond the plan period ending
in 2001) . Thus, the designation of this area as 20-Year
Transition may be appropriate in the next phase of the plan.
RECOMMENDATION
The applicant has correctly stated that the Land Use Element
is scheduled for a 10-year revision in 1991. With the
"dovetail" effect of related efforts of the Hillsborough
Cooperative Planning Zone and the Joint Planning
Board/Economic Development Commission Work Group, staff
recognizes that this is a proposal not without potential.
However, action at this time would seem to be premature.
_ .. Therefore, staff would propose the following:
•s:
"- 1. That, due to the nature of impending work by the Joint
. Planning Board/EDC Work Group, the Town of
Hillsborough/Orange County "Hillsborough Cooperative
Planning Zone", and the County's ten-year evaluation of
_ the Land Use Element of the Comprehensive Plan, the
applicants be permitted to withdraw their application, and
their application fee be refunded. Staff would encourage
the applicants to take an active role in the efforts
mentioned above regarding future land use at this
interchange. By so doing, the applicants will have an
opportunity to resubmit a proposal upon completion of the
above-mentioned efforts, and the County will have an
- opportunity to conduct a more thorough and policy-driven
analysis of this question.
If the applicants choose not to withdraw pending the
above efforts, the recommendation of staff is that the
proposed amendment be denied at this time.
J:_ _
2. That any„ future consideration of a Commercial Node at this
interchange be expanded to consider such a proposal in the
context of surrounding areas as well (since the concept of
..
*:- a node is more comprehensive in nature. )
10
LO )
ORANGE COUNTY PLANNING DEPARTMENT ^Y
MEMORANDUM
To: Marvin Collins, AICP
Planning Director
Ted Abernathy
Economic Development Director
From: Dave Stancil, AICP
Comprehensive Planner
Date: January 8, 1991
Subject: Land Use Element Amendment LUP-1-911
Robert Ayers and Harold Harris
Gentlemen:
Please find attached a proposed amendment to the Land Use Element
of the Orange County Comprehensive Plan, submitted by Robert Ayers
and Harold Harris (LUP-1-91 ) . This amendment was received January
8, meeting the deadline for items going to the February 25, 1991
public hearing.
As you know, the proposed amendment would create a Commercial
Transition Activity Node (Ten-Year Transition) for 33 acres on the
southeast quadrant of the 1-40 interchange with Old Chapel Hill-
Hillsborough Drive (Old 86) . The property is further referenced as
Lot 13B, Block B, of Hillsborough Township Tax Map 49 .
In accordance with standard procedure, planning staff will review
the application and notify the applicant of its status by January
14 . If found to be complete, agency comment will be solicited and
the item will be listed for inclusion on the February 25 hearing
notice (to be approved by the Commissioners on February 4) .
Concurrently, staff will develop an evaluation of the proposed
amendment with recommendation to be presented at the February 25
hearing. On February 8, property owners within 150 feet will be
notified by mail, and a sign will be posted on the property.
If a special meeting of our staffs is warranted in regard to this
proposal, please let me know. I would also call your attention to
additions made by the applicant regarding our meeting on January 7,
submitted as the final page of the attached application request
(text) .
Please contact me for further information.
xc: Gene Bell, AICP
Oli Devaud
Planning Interns
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
LAND USE PLAN AMENDMENT
APPLICATION
All persons requesting an amendment to the Land Use Plan of Orange
County are required to complete the following application as completely
as possible:
OFFICE USE ONLY
REQUEST #LUP-
DATE RECEIVED:
STAFF PERSON( S) RESPONSIBLE: W) ,%Ocl
GENERAL DATA: a
Property Owner(s ) Name:
Mailing Address:
Phone: (Home) 4Z-'Jq v
Agent(s) Name:
Mailing Address: 1 �-� r �C 2-7=
Phone:
Lw z ash N �z - jZ2 �-
SPECIFIC DATA:
Tax Reference: Township Tax Map _ Block Lot_A755
Public/Private Road Name: S 100
Lot Size: Acreage ± Cr. Sq are ootage •
100 01.1> ���� /1 .414
Lot Frontage 20 1 C2 Lot Depth V a.(uA - 16 OAr 'k
Current Plan Category Designation(s) : General
Activity Node Watershed t�
Joint Planning Area
r i -
REQUEST LUP-
SPEC (continued) :
Deb ibe '&nd s in the General Area: Corn. � �•�� 6r
r`a-try-\�V�a 'a �o s,-c C_..0,tt,
.1,Jj Adjacent Parcels of Land:
REQUEST:
Land Use Plan Category Designation(s ) Requested: 10-20
�c.� � �T'� t•S o D E .
Type of Amendment: .Primary Secondary
* * * * * * * * * * * *
This application should be submitted with the following materials :
Fully dimensioned tax map on which is highlighted the parcel,
portion thereof, in question.
description of the parcel,P p , or portion thereof.
�V/,Loergal Letter of request to include:
0 the tax reference, general location and owner of the
parcel
CV/ the current and requested land use plan .category
designation(s )
o// a narrative stating the manner. in which the proposed
amendment will carry-out the intent and purpose of the
adopted comprehensive plan or part thereof
d/ a statement of any other circumstances, factors and
reasons which the applicant offers in support of the
/proposed amendment
a statement of the changed or changing conditions in the
area, or in the County generally, which make the proposed
amendment reasonably necessary.
I (We) , the undersigned, certify that all statements furnished in this
application are true and to the best of my (our) knowledge and that the
application as submitted is complete.
14 M 4��( fL V,�;
NAME OF APPLICANT IGNATU OF APPLIC T(S)
h&1Ek)r
koD DATE
PLANNING FEE SCHEDULE
Adopted 6/15/89
Effective 7/1/89
Ordinance Amendments
$160 . 00
160 . 00
Rezoning Requests/Comprehensive Plan Amendments + 5 . 00/acre
15 . 00 SING
Zoning Permit B E p�
Minor Subdivision 60 . 00
Concept Plan 117 . 00
Final Plat
Major Subdivisions 80 . 00
Concept Plan + 1 . 00/lot
350 . 00
Preliminary/Final Plat + 5 . 00/lot
(Single fee for both/no separate fees )
Partial Width Right--of-way Request
61 . 00
Board of Adjustment-Variance/Appeal
180 . 00
Special Use Permits 360 . 00
Class A + 5 . 00/acre
180 . 00
Class B
250 . 00
Planned Developments +30 . 00/unit
1-4 Units or Lots or lot
67 . 00
Home Occupation Plan Review
Major Transportation Corridor 117 . 00
(MTC) Site Plan Review
LD
PL
I60 . 00
4
AYERS SURVEYING I j
8111 NC OLD 86
Old Hillsborough Road CHAPEL HILL, NORTH CAROLINA 27516 Telephone (919) 942-7906
JAN 8 1991
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JAN'8 1991 w
RECEIVE
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LAND USE PLAN A 4ENNDMEN!'
REQUEST FOR
TAX'MAP LOT 4.49.B.13B
CONTENTS:
Letter of Request
Background Information
Proposal
Compliance with Comprehensive Plan
Supporting Factors for This
Amendment
Changing Conditions in Central
Orange County
Land Use Plan Amendment Application
Tax Maps
Legal Descriptions
Proposed Sketch Plan
Soils Report
CoMM�MTS aJ ME&,Pj(a �►J��N
P�.AiJw! tw�Ca � E.DC STA��
January 7, 1991
Orange County Planning Department
306F Revere Road
Hillsborough, NC 27278
To the Orange County Planning Department:
We, the undersigned owners hereby request an amendment to the Orange
County Comprehensive Land Use Plan for Hillsborough Township Tax Lot.
4.49.B.13B
Sincerely,
t J. yers
Harold M. Harris ,
A
CONTACT:
MARY AYERS RLS
8111 OLD NC 86
CHAPEL HILL, NC 27516
(919) 942-7906
Background Information:
The Subject Property of this proposal lies in the southeastern
quadrant of the intersection of I-40 and Old Chapel Hill -
Hillsborough Road. The parcel is the merger of the northern portion
of tax map Lot 7.2. .29K with tax map lot 4.49.B.13B
Lot 4.49.B.13B has been held as undeveloped rural property by ,the
present owners since 1961. It was originally a portion of a 67.6 acre
tract which was divided by the 1982 dedication of the interstate
right-of-way.
The merger of the remaining lands with the undeveloped 7.3 acre tract
acquired in 1987 created a parcel of 33 acres.
Proposal:
The owners propose that the current land use for this parcel be
changed from agricultural use to ,a 10 OR 20 YEAR COMMERCIAL TRANSITION
ACTIVITY NODE.
The Orange County Land Use Plan is scheduled for a 10 year evaluation
in 1991. The target advisory committee has recommended the
re-assessment of land use policy along the 1--40 corridor.
The owners believe that 1991 is an appropriate time to begin the
long-term planning for this area.
The joint planning agreement between the Economic Development
Commission and the County Planning Board offers an opportunity for
well planned growth in central Orange County. This proposal is
consistent with that goal.
Compliance with Comprehensive Plan:
1) Water Supply: an existing 16" .OWASA pipeline runs along the
property boundary at Old Chapel Hill-Hillsborough Road,. A pump
station near Calvander allows for water transfer.
2) Water Quality: The proposal area is outside any existing water
protection areas and has no significant drainage areas or
waterways crossing the parcel. The proposed Seven-Mile Creek
Reservoir would not be affected by any development on this
property
3) Topography and Soil Type: The site is rolling wooded land with
slopes varying from 2% to 7%. The soil is predominantly TaD type,
well drained with moderate permeability and potential for
development. HrC and HrB types with similar permeability occur on
the northern portion of the tract, and GeC soils predominate in
the southwestern corner. All of these soil types are appropriate
for building or development. The soil report included with this
proposal more specifically addresses the potential for septic
tank absorption fields on this property. .
4) Effects on Agriculture, Natural Resources and Historic Sites:
This property, although zoned agricultural, is wooded and
unsuitable for farming. There are no environmentally sensitive or
historic sites on the property.
5) Transportation and Demographics: The location of this tract at
the intersection of a principle arterial and a minor arterial road
makes its development as a commerical property consistent with the
intent of the Land Use Plan to focus such development in a
concentrated manner at or near major intersections. I-40 access
to Raleigh Durham International Airport, Research Triangle Park,
Durham, Chapel Hill, Raleigh, and several major universities
is a factor which currently supports central Orange County's
negative net commutation pattern. Commercial development at the
proposed site would be a step towards a more evenly balanced
commuter flow in and out of the area and could at the same time
help create a broader tax base for the county.
6) Population and Economic Projections: The county's existing in-
migration pattern is a major factor in the negative commuter
. flow out of central Orange County. This tendency to live in one
area and work in another becomes significant when looking at
projected growth for Hillsborough Township. Interstate access and
the fact that 43% of the Orange County work force is employed by
the government sector points to the conclusion that few
opportunities exist for such employment in a township
experiencing significant growth. Increased commercial
opportunities, such as more available office space, are consistent
with the land use plan strategy of evaluation and designation of
new activity nodes.
7) Category Description: The Subject Property location, the
existence of a water source and the existence of sanitary sewer
within a mile of the proposed site points to its suitability as a
10 or 20 year Commerical Transition Activity Node. All locational
criteria of this category are favorable for this proposal.
8) 'Trends Specific to Hillsborough Township: Hillsborough Township
has experienced a growth rate higher than that of the county as a
whole. - The existing land use shows a disparity between
residential use- (13%) and commercial use (0.9%) which exceeds the
ratio between the same two uses in both Eno and Bingham Townships.
Although Chapel Hill Township has a similar ratio of 13.8%
residential to 0.3% commercial, the intensive economic affect of
UNC-CH offers employment opportunities which are unavailable
within the Hillsborough Township limits.
This proposal would be a step towards employment opportunities for
Hillsborough residents which would not entail commuting. As
Pollution and energy consumption concerns affect all county
residents more and more, such commercial development becomes more
attractive.
' S
UJ I
Supporting Factors for this Amendment:
The increased property values which would result from the cammercial
development of the subject property would directly benefit the County
through an increase in property tax amounts.
Currently, the tax value of the property is $101,719. This generates
$778.15 yearly in taxes for the County.
An informal survey of commercial properties in Chapel Hill Township
along 15-501 shows the following:
A) Tax Map Lot 7.27.E.2C (Europa Center)
7.33 acres and building, valued at $15,204,079
County tax rate: .00765
Approximate yearly tax paid to county: $116,311
(Undeveloped value in 1981: $86,047)
B) Tax Map Lot 7.27.A.2C (CCB Branch Office)
0.92 acres and building, valued at $155,961
Approximate yearly tax paid to county: $1,193
C) Tax Map Lot 7.27.A.2 (Forum One Office Park)
0.92 acres and building, valued at $980,255.
Approximate yearly tax paid to county: $7,499
D) Tax Map Lot 7.45A.B.2 (Franklin Square Office Condominiums
one unit only) .
Area: office space only
Valued at $73,974
Approximate yearly tax paid to county: $566
The properties surveyed range from individual offices to entire
multi-story complexes. They show a range of uses and accommodations
similar to what could be developed on the subject property. Their
combined areas are approximately 9.20 acres. Their combined yearly
taxes are approximately $125,569.
Using these figures as guides, it is immediately apparent that the
taxes generated by the cow ercial development of 33 acres could be
significant.,
This proposal offers potential benefits for both the citizens and
government of Orange County.
1J ,JJ
Changing Conditions In Central Orange County
This property has been advertised-in the Multiple Listing Service for
more than two years. Inquiries have been made by commerical brokers
in Charlotte, Lumberton, Durham, Chapel Hill, Hillsborough, and,
most recently, by the State Employees Credit Union. We have contacted
local Real Estate Agents and the Hillsborough Chamber of Commerce, as
well as lessors of existing office space in Hillsborough, and find
that there is a shortage of available office space in the area. This
shortage is especially restrictive for employers of large groups of
personnel.
The two existing commercial zones on Old Chapel Hill - Hillsborough
Road are eight miles apart. Currently there are no residences to the
north, east, or south of the subject property. Of the eight houses
located to the west, only one is less than 500 feet from the parcel.
The property has more than 2200 feet of frontage directly on the I-40
right-of-way. This makes it unsuitable for residential use.
We believe that the property's location at a major interchange, with
its proximity to the town of Hillsborough and the Research Triangle
Park, makes it an excellent site for an office park suitable for
corporations with a need for modern, spacious facilities. The
resulting employment opportunities for local residents and the
increase in county revenues from greater tax values make this request
a sound and reasonable one.
Comments on Meeting with Planning. Department Staff and Economic
Development Commission Staff, January 7, 1991
The property owners met with comprehensive planners and EDC staff
members to discuss this amendment application, and would like to
address two concerns which were mentioned.
1. The point was made that there is currently a substantial amount of
commercially zoned property at the .I-85 / NC 86 interchange. The
owners are of the opinion that the proposed amendment area represents
a more direct link to Research Triangle Park. The proposed amendment
area has the additional advantage of being in an area which has no
pre-existing development (such as convenience marts, truck stops,
etc.) which might conflict with its aesthetic appeal and desirability
to potential corporate office tenants.
The I-85 / NC 86 interchange is also zoned to include industrial
development, and therefore the proposed use of commercial office space
for the subject parcel would not neccessarily be in competition with
existing land use at I-85 / NC 86. The inquiries which have been made
concerning the subject property seem to support this.
2. There was some discussion that the location of the parcel in the
southeast quadrant of the interchange might preclude it from the
commercial transition activity node category, since historically there
has been some feeling that I-40 would represent a southern boundary
for future annexation by the town of Hillsborough.
The owners are of the opinion that the interchange itself is the
operative factor in the development possibilities for this area.
Potential clients will be more interested in the interstate (and
intra-state) aspect than the local aspect.
Although the property is near Hillsborough, it is not in Hillborough's
jurisdiction. It is separated from the town by two interstate
highways and lies partially within Chapel Hill Township. Water
service is .directly available via the OMSA pipeline. This makes the
proposal very feasible, given the existing water supply situation in
Hillsborough. - -
In the northeast interchange quadrant there is no direct water line
access, since the line follows the abandoned Old NC 86 roadbed.
The owners hope that the decision on this proposed amendment will not
be affected by the geographic location of the parcel within the
interchange. Certainly, it is the case that in all other interchange
areas within the county, all properties abutting the interchanges have
equal development potential and are not arbitrarily denied use because
of perceived future mmmiciple limits.
Since we are the first property owners to make application for land
use change in this area, there is also a concern that past publicity
mentioning "mega-malls" and large residential areas within the
northeast quadrant may afffect this proposal. Since there has been no
prior application for land use change in the northern quadrants, we
can see no conflict or detriment to the county based solely on the
parcel's jAposition to Hillsborough or the other quadrants of this
interchange.
Finally, the continuation of agricultural use will limit the owners'
use of the property to alternatives which will not add to the county
tax base and will probably diminish the appearance of the half-mile of
interstate frontage.
We hope that the decision for this amendment will offer potential for
the growth of central Orange County, as well as providing a reasonable
use for the property owners.
Neal C. Floyd & Associates, Inc.
january 6, 1991
Robert Ayers, RLS
Aysrs Surveying
2111 Old NC
Chapel Hill , NC 27516
R0 33 acres; Old 96, Orange County;
Colonial Plaza Office part
Dear Bob ,
Enclosed you will find a preliminary soils map for the
property on Old 86. The property has good soil resources
for on-site waste disposal . The provisionally suitable soil
was characterized by a 8 to 12 inch silt loam surface
underlain by a reddish yellow clay subsoil . The depth
ranged form 24 to 26 inches based on the depth to the C
horizon.
There appears to be no major impediments to development of
the property for business andfor commercial use. Based on
the preliminary sketch, it appears that the proposed lot
arrangements are quite feasible. All the proposed lots have
areas of provisionally suitable soil on them
The major concern will be the wastewater flow per site which
ultimately determines the system size. However , with
commercial development wastewater flow can be scrutinized
and water savings used—to substantially reduce flow.
Reduced flows can help to maximize useable areas.
To prociedg I recommend that the center line of the roads
and lots be flagged . At this time, system layouts can be
done to finalize the sites especially On lots 9, 10, 85 and
3. Secondly, the maximum wastewater flows Per jot can be
determined , thus allowing an accurate assessment of each
lot ' s potential .
If you have any questions ,or concerns, please contact me.
. . Sincerely,
Neal C. Floyd
Soil Scientist
8108 BENTWOOD PLACE RALEIGH, NORTH CAROLINA 27615 919-870-7865
77K 185 na 390
:ORTll CAROLINA ORANGE COUNTY
7H:S DEED. Made and entered into thin the 12:11 day of Dr C:-7^«+r 10C1 ,by and between
X. A. 11:.:1 :.ni ;life, LOUISE A. HAM
,arty of the first Kurt (whether one err nnrrel and -
ROBERT J. Ar'rRS andwife, LUCILIE 0. A=11S, IIAROLD 19, HARRIS and wife, P.EBECCA P. HAPRIS
arty of the second part (whether one or more) WITNI;SSETII:
!'hat the ynid asrty of the Ilrrl port,in can-iderallon or the.um of TEN DOILLARS end other>:uud, valuablr and sufficlent eunald• -
ration.q,paid by Lite said pnrtr of the second part,the receipt of which k hereby acknowledged, has barguined and sold and by
nose prusente ducri bart;uin,PJ1 and convey unto the wild 1+arty of Lite secuud part and his heirs and assignee all that certain tract or
up"I of lead it, Chapel Hill Township.orange Guottty,Nurth Curultna.mood more• prrli�ulurly JesrriLeJ aq folluws:
irur TRACT: BEGINNING at a big Hickory on a branch, Harvey Clark's (formerly Davies property)
�orncr, an7t running thence. North 21' East 679.8 feet to pointers on an old road, Cheshire and
:inder Webb's corner; thence '.lest 217.8 feat to a black. Jack stump and pointers; thence North
;119.8 feet to a Whito Oak, Camoran's corner; thence his lino l lest 1,960.2 foot to a fallen
Spanish Oak, Sol )1radshcr's (formerly Polly Clark's) corner; thence South with Clark's lino
-,815 Seat to pointers, Harvey Clark's corner; thence) with his line North 67' East 2,112
:act to the place of point of beginning, containing about 66 acres, more or less.
SECOND TRACT: BEGIVING at a stake on the East lido of State Highway No. 86, the Northwest
:orner o t No. 16 on the plot hereinafter referred to (which lot is nos owned by Johnva .=Ys = r;;�„
-flarid) and running thence with the 11orth line of' said lot South 89' East 690 feet to a stake, "
:he Northeast corner of Int No. 16; thence North 1' West 100 feet to a stake, the Southeast
:orner of Lot No. 18; thence with the South line of said lot North 89' West 685 feet to a
Stake on the East side of Highway No. 86; thence with said highway South he West 100 feet to
she beginning, the same beina Lot No. 17 on the Plot of the T. P. Ho= PROPenY, as surveyed
ny J. Ralph Weaver, Reg. Surveyor, March 2, 19h6. ^+
-his is the same property conveyed to M. A. Ham by L. J. Phipp:i, Trustee, dated September 211
19601 and recorded in Book 178, at Page 596.
TO HAVE AND TO HOLD 1,114•aforesaid tract or parcel of land and all privileges and appurtenance,, thereunto belonging to the
said party of the second part and his heirs and assigns In fee simple forever.
And the said party of the first part dues covenant that he is seised of said premises In fee simple and has the right to convey
the same in fee simple;that Lite sume are free from encumbrances; and that he will warrant and deleted the said title to the paint
against the claims of all persons whomsoever.
Wherever used herein, the singular number shall include the plural, the plural the singular, and the use of any tender •lull
be applicable to all!tenders,as thee cuutvxt may indicate.
IN TESTIMONY W1IEREOF the said party of the first part has heremolm.sit his based and meal he day mood year fieet above
written. r. .z---
a-
_(SEAL1 / f i (SEAL)
_.---. (SRAL) _ ru�s•.Z, —.(SEAL)/
..._fI�//� __..
�..,
—(SEAL) .. _ _.—.._....._.(SEAL) �e$'�^•°agf.;:,�;6.,�.+r;�^ .,....�. .
ale)
NORTH CRl�QI�iI�i�;y.,, COUNTY.
k r,': ;�;,?% !w•-++1`-•�/� ,a Notary Public in and for acid State and County do hereby certify
that M:'A. ',Haiti•and'vife, Louise A. Ham
the;rarltors..p�teobs�ly a;ipeared before me this day and acknowledged the due execution of the furegolne deed of conveyance.
Wltticu`mAdi. ltitl ilstaTlal local,this the 1 s�f•diy of December ` (, IDG 1
My coht}irisio.1•wscZ't.J�a 3`y t L —.. 7"tt"Ya Notary Public
NORTII CAROLINA.
....S '?• ^�:: 'bad for said :State and County tin hereby certify
that .e1Za.• ..Ae'� .
thn•tranlors,peraunally rppeared balms mtG .It, ;ae execution of the foregoing-deed of conveyance. .
it i
Witness my hand and notarial local,this the. �w�� :�"� � 79f
�'
My eammision expires: eq;' •,. ,•I +'•': __----....__...._. ....__...Notary Public
NORTLI CAROLINA, ORANGE COUNTY _
� 11 r p (10�
'i,'ht loreglwnt certificate of +�1•C�•T�ih�t.�o�t•�t111�411k �G��c. t��tlt.at� l
im/rrsadjudged to bo correct. Let tbia dead and ad lipcalss be terist.r.1
Wife as my hand,this the 11 door of 1, t rl .
glerk Superior Court
16 Filed for registration on the 17thday of January need lye2 lAS:DX_.CX1 [fp 4CXltl. nuI d y recorded in the Offiee
of the ltetister of licede of Orange (;utility, North Carolina, IV I.uuk 185 Pmte-I/dlo etc. /
0'16
Prepared BY: Lucius M. Cheshire
_ Return To: Grantee, Rt. 8, Box 489, Chapel Hill, N. C. 2751
NORTH CAROLINA
ORANGE COUNTY
QUITCLAIM DEED
THIS DEED, made and entered into this .r
1981, by and between DONALD S. MATHESON and w1ye,dELIZABETH W.
a� MATHESON, of Orange Count
' part, Y, North Carolina, parties of the first `
and ROBERT J. AYERS and wife, LUCILLE q. 'AYERS, and
HAROLD M. HARRIS and wife
County, North Carolina REBECCA P. HARRIS, all of and
, parties of the second part;
W I T N E S S E T H :
� ry' That said
parties of the first part, for and in considers-
' 3; tion Of the sum of Ten Dollars and other good and valuable
ii consideration to them in hand aid
P , the receipt of which is
hereby acknowledged, have remised and released, and by these
presents do remise, release and forever quitclaim unto the r
yi parties of the second part, their heirs and assigns, all right,
title, claim and interest of the said parties of the first
it in and to a certain tract or parcel of land lying and being in '
the Count Orange, g
f being more partticularlyldescribedhaso follows;North Carolina, and
i
BEGINNING at an iron and rock pile, in the south line of r
i
Orange County Shrine Club Properties,
corner of Winston Workman;
Inc.running thence witheWOrkmanest
=" South 3° 14' S3" West 235.
55 feet to an iron and stone, r ,a
x . the Northwest corner of.Alfred zing; running thence with
- King South 60 33' 27" West 372.33 feet to an iron and
40 !° pointers; running
Heirs g hence w
^�.= North el° 29' with the line of Harvey Clark
0•:a:• and 18 West 560.77 feet to an iron
with property the south bank of Cates Creek; thence
• —+�r:'
Property of Robert J. Ayers et al North 230 51' � .
06" East 647.01 feet to an existing stone and pointers
in th
e south line o e Shrine
Inc. Orange County Club Properties,
T running thence with its line South 78° 42' 07"
A, "' East 355.72 feet to the
place and
and being the property formerly belongingftoeH. Winder
f 42 J Webb and J. Cheshire Webb.
TO
HAVE AND TO HOLD the aforesaid tract or parcel of lard
and all privileges thereunto belonging to them the said parties
of the second ,part and their heirs and assigns free and
discharged t from all right, title, claim or interest of the
or
lunderthemOf the first part or anyone claiming by, through
fit 1;. The Parties of the second Y the deed agree that they take only suchrinterest, ifcany,asethe this
parties of the first part may have in the above described
property.
! IN TESTIMONY WHEREOF -:
��• � , said parties of the
hereunto: their hands and seals first Part
have her
first above written. the day and year
�. •y ORA&WO a CNeuuer
ur r R {
,«•.9«°«.««STOUT DONALD S. MA'Y HESON (SEAL
- 5 2781A t.
,: T E IZAHETH W. MATHESON
i i i •�'
,J
rt:
4 1
IZIFT--l- TO: ZJ.'a I OCC PZZCN i.v V Lt+-a 7-en
F' STI-TE CF NORTH CAROLINA STATE HIGHWAX PROJECT 8.1457902
Cowry OF Orange (Parcel 103
F. A. Project TIQ-4 (47
_)259
THIS =D, made this the 5th day of 'lap 1982 by and between
ral;
Robert J. Ayers and wife, Lucille 0. Ayers; Harold X. Harris and wife, Rebecca P.
i Harris, Rt. 8 Box 489, Chapel Hill, N. C. 27514
hereinafter known as CRAMCBS, and the Department of Transportation, an agency of the
State Of North Carolina, hereinafter knourn as G;tM--M:;
,1 W 1 T N E S S 7 H:
'mat for and in consideration of the sum of Sixty Six Thousand, -izht Hundred & Np/100--:7-
66,800.00 to them in hand paid, receipt of which is hereby acknowledged,
the GRANTORS, for themselves, their heirs, executors and assigns, have bargained and
sold, and by these presents do hereby harqaln, sell, grant and convey unto the GRANTEE,
its successors and assigns, in fee simple absolutat subject to such reservations,
=rd1tions and exceptions as are hereinafter set forth, that tract or parcel of land
lying and being in Hillsborough Township, Oran e County, North
Carolina, said land being more pa=iculazly described as follows:
ll ° Beginning on 4 point on the division property line between the undersigned and -rank
III L. Williams, III, said point being located 120 feet southwest of and normal to Line
Ramp "'D"; thence North 87 21' 47" East to a point 165 feet northeast of and normal
co Survey Line L Med.; thence southeasterly at all.points 165 feet northeast of and
normal to Line L Med. co a -joint 165 feet northeast of and normal to Survey Station
304 - 00 Line L Med.; thence continuing southeasterly in a straight line to a point
175 feet northeast of and normal to Survey Station 305 + 00 Line L Med.; thence
continuing southeasterly at all points 175 feet northeast of and normal to Line L
Med. to a point 175 feet northeast of and normal to Survey Station 309 + 50 Line L
Med.; thence generally southerly in a straight line cc its point of intersection
with the division property line between the undersigned and Harvey, Clark Heirs
said point being located 150 feet northeast of and normal to Line L Med.; thence
southwesterly along and with the aforementioned division property line to a point
Ili 1i 150 feet southwest of and normal co Line L Mad.; thence northwesterly in a straight
-n line to a point 175 feet southwest of and normal to Survey Station 309 + 30 Line
L Med.; thence continuing narchuesterly at all points 175 feet southwesterly of and
normal to Line L med, to a point 175 feet southwest of and normal to Survey Station
298 + 00 Line L L Med.; thence in 4 straight line to a point 120 feet southwest of
Q and normal to Survey Station 2 * 00 Line Ramp "D"; thence northwesterly at all points
z 120 feet southwest of and normal to Line Ramp "D" to the point and -place of beginnIn
ol"", and or oeg3,a,,,.,,
AW
C.
I I
zraye I
U4
_Ut.389 "ACE 223
E
�-
PROTECT 8.1457902 PARCEL 103
Said deed widths, stztipn numbers, survey lines and '
delineated on that set of plans for State Hi additional areas being
on file in the office of Highway Project _ 8.1457902 �
the Deowr+�nt of Transportation in Raleigh,
Carolina, and also On a copy. of $aid project plans which will be recorded, ='r
as required by law, in the Office of the Register of Deeds of
County, to which plans reference is hereby made for _ Orange
description of the areas herein conveyed and for no ogthher P certainty of
Purpose.
This DEED is subject to the followi-ng Provisions only. NEE
is
For further reference see that deed recorded in gook 185
Book 356 at —Re 568 _ "`� Page 390
Oran a Count Registry.
gisty.
BE =T UNDERSTOOD that in addition to the land hereinabove dent='abed, and for the
consideration hereinabpve recited. the GRANTORS, for ,themselves, their heirs, executors
and assigns:
`
I. Canvey unto the GRAN= all rights of abutters' access from their ]ands IiRr
adjoining the ]and herein conveyed in, to, over
coasts , through and across the highway to be F;
constructed upon said land herein conveyed; and the GRANTOR$, their heirs, executors
and noel
gns, shall have no access in, to, through or across said hi
°`- points at which access may be allowed by GRANTEE, and highway except at
2. Release the G �' public road connection.
from all claims which they have, or may have, against it
by reason 0f the utilisation of the land herein Conveyed for highway purposes, �1
TO HAVE AND TO HOLD the hereinabove described land and premises, .together with all
Privileges and appurtenances thereunto belonging to the GRANTEE, its successors and
assigns, in fee simple absolute forever, subject always to such reservations, conditions
and exceptions as are hareinabove set forth. E {
it r
~ AND THE GRANTORS, for themselves, their heirs, executors and assigns, do hereby
ryy" warrant that they are seized of the hereinabove described premises in fee simple
'-, absolute, and that they have the right to convey the same in fee: that said premises
are free and clear of all liens and encuftrances except as herein set out: and that
they will forever warrant and defend the title to said premises against t; and th
dorms of all persons whomsoever. ''
.; IH TZSlZMNY WHEREOF, the GRANTORS have hereunto set their hands and seals the day
and year first above Written.
NORTH CARDL719A i uL
any
The anaeuad cerificate of _ •sober* 1. alters
4, a Natar}' Public of r
Countyl North Carolina,
is certified to be correct. (SEAL)
This day of _ lg Lucille 0. Ayers r
(SEAL)
e �
Assistant De
{ .
Register 0!'needs Assi - (SEAL)
( pats)
garald K. Harris
ACCy,PI= Uj /4L'
A F3 Th9T 0 _'9 SP ON _ice• L1/=.%.S
(SEAL)
'8Y: Rebecca P. Harris
(SEAL)
(SEAL)
Page (SEAL)
M"To: Grantee eoeK459 PAGE 48 A
WARRANTY DEED-Form WDfiOI
Pnnted and foe sale by lames Williams&Co.,Inc.,YadkmvWe•4.C.
STATE OF NORTH CAROLINA, Orange County.
THIS DEED,Made this 3rd day of-- April -- .19.L4—.by and between ROBERT J. AYMRS a3Tad wife
LCCILLE 0. AYERS�HAROLD M. HARRIS and wife. $�BECCA P H County
acd,tate of North Carolina,hereinafter called Grantor,and CHARLES H. MANN and wife, BARBARA W. MANN
I I
of Durham County and State of North Carolina,hereinafter
.carted Grantee,whose permanent mailing address is 3938 Dover Road, Durham, North_Carolina 27707 •.•��
YnTNESSETH: That the Crancor,for and in coesideraeion of the sum of -TEN- Dollars
WW other good and valuable considerations to him in hand paid by the Grant"•the receipt whereof is hereby acknowledged,has given,granted,bargained•sold
.and coorcyed,and by them presents does raw,grant,bargain•sell,convey and confirm unto the Grantee,his heirs and/or successors and asugns,prcma es im
Hillsborough I �J
Township, -- --Orange County,North Cardina,described m follows:
Consisting of 35.94 acres more or less lying on the northeast side of the right-of-way of
Interstate Highway 40 and BEING all of Tract 2 of the "Property of Robert J. Ayers & wife
Lucille 0. Ayers, Harold M. Harris & wife Rebecca P. Harris" according to survey and plat
thereof by Harold M. Harris, dated December 5, 1982, and recorded in Plat Book 36 at page
106, Orange County Registry, to which plat reference is hereby made for a more particular
description of the property conveyed.
PIN 9873-30-595`6p
x/7?aid
o STATE OF t Read Estate — rr`q } I'
Rp4 NA r� Excise Tax
o - P.9.11224 I~ �- c. 1
F- l i
i
356 568
The abewe land was conveyed to Grantor by .SeDvBook No. 185 page 390
TO HAVE AND TO HOLD T•he above described premises,wtch all the appurtenances thereunse belonging,or in any wie appertaining,unto the Grantee,his I�
heirs and/or successors and scalps forever.
And the Grantee covenants that he is seised of said premises in fee,and has the right to co"M the same in[at"Pit:that said premises are free from en- !I
_E.cumbrances(with the exceptions above stated,if anyl:and chat he will warren c and defend dx said title to she same agantst the lawful claims of all persons
whomsoever.
When nfermw is made to the Grantor or Grantee,the singular shall include the plural and the masculine shall include the feminine or the neuter,
IN WH MOF The cow hu hereunto we his hand and seal,the day and y fen abavgrinen.
1 �
(SEA ) wGr/' �l. (SEAL) i. 1
:SEAL) / 'N s '
STATE OF NORTH CAROLINA -COUNTY.
. COUNTY
. C:•� / i ._�': I '
1, Lue n- St-r,1 k.land a Notary Public of said County,do hereby eerdfyZa V
r"-r II i
ROBERT J. AYERS and wife, LUCILLE.O. AYERS = t% 72j. q;
Grantor,personally appeased before me this day and acknowledged the exeeytion of the fampioff deed. •`. _ '� ?
'ci,• 0 . ,
.- Mumas my hand and notarial seal,this the 3rd day of .• •l,f�p `
bh Cotmneamn Expires: November�'10- 1,9,afl - G ♦n _ \l L-f+�- p
-•STATE OF NORTH CAROLINA TI11412AM COUNTY. • ---
i
4 -Lucy D. Strickland ,a Notary Public of said County,do hereby certify dii I•L..2� ":
A • •.�
•.Ctagtor.pee>e�y appeared before me this day and acknowledged the execution of the itin going decd. _ `,'.� j :•v
_ Wig—my hared and notarial seal,this the. 3rd day of aril ' r 19..84...:
►hcommi.don E:pirn �1CeIDl}.er_3 --1986 �C 6 — .X'ISEALj
STATE OF NORTH CAROLINA,— Drake _ ,OUNTY. vi r
_'Ilse fongeing orrtifsmee(,)of-Lucy D. Strickland. a Nota Public of Durham County, N.
�.mare)eenified to be correct. Thin intrasmernt was presented for registrasioa chi•, 5th day of April _ 19 a ,
4:22
_ �7tlt161C,P.M,and duty recorded m the efface of the Register of peed,of -.t19_L4,
-. North Carolina.in Book 459"Page 487
Thy due 5t1] ..day of Aril A.0,19 84. _
Bet June Ha es
Regnaxr of Dceda By Aasntant.D:1rwy Regain of Deeds -
Thi-Doeddlaemb,Lucy D. Strickland HOGUE & STRICKLAND. 110 West Margaret Lane, Hillsborough, NC i S
q .f
Mail To: Grantee.
_Prepared by:. Lucy D. Striekla_^d, ROGUE STRICKLAND,
..-110 W. Margaret Lane, Hillsborough, NC 27278. `
WARRANTY DEED 1
STATE OF NORTH CAROLINA, ORANGE COUNTY.
THIS DEED, made this 4th day of December, 1987, by and between. LUCY D. STRICKLAND acting
1" as Commissioner as hereinafter stated, Party of the First Part, and ROBERT S. AYERS and LUCIL E
0. AYERS, husband and wife, and HAROLD M. HARRIS and REBECCA P. HARRIS, husband and wife, Par y
of the Second Part, all of Orange County, North Carolina, whose mailing address is: 8111 Old
r" N. C. Highway 86, Chapel Hill, North Carolina 27514:
"' r`1° /7,Sv W I T N E S S E T H:
THAT WHEREAS, in a certain Orange County special proceeding entitled STEWART vs. STEWAR ,
86 SP 172, an order was made by said Court appointing said Party of the First Part Commissioner
to sell at public sale subject to the confirmation of the Court certain lard, a portion of
which is hereinafter described; and
WHEREAS, said Party of the First Part, acting as Commissioner as aforesaid, on the 14th
day of October, 1987, reported to said Court the sale of the land hereinafter described to the
Parties of the Second Part and others at the price of THIRTY-FIVE THOUSAND DOLLARS
($35,000.00), and recommended that said sale be confirmed by the Court; and
WHEREAS, said report remained open for at least ten (10) days and no advance bid was made
and no objection offered to said sale; and
WHEREAS, the Court on the 27th day of October, 1987, entered an Order approving and
confirming said sale and directing said Party of the First Part as Commissioner to mak ,
execute, and deliver unto said Party of the Second Part and others a good and sufficient de d
" for said land upon the payment to her of the said purchase price; and
i
WHEREAS, said Party of the Second Part and the other successful bidders described in tie
said confirmation order have requested the said Commissioner to convey the said property to
them separately in separate parcels, one of which is described below, the purchase price of tie
parcel going to the Party of the Second Part being $17,500.00; and
WHEREAS, the purchase price has now been fully paid;
NOW, THEREFORE, said Party of the First Part, acting as Commissioner as aforesaid, under
authority of said Order of Court and in consideration of the said purchase price, has bargained
and sold and by these presents does bargain, sell, and convey unto said Party of the Second
Part and his heirs and assigns a certain tract or parcel of land lying and being in Chapel Hill
Township, Orange County, North Carolina, and more particularly described as follows.
9 "7
Consisting of 7.30 acres more or less lying on the western side of the right-of-way of -
40 and BEING all of 'Lot A according to the survey and plat entitled "PROPERTY OF TED BRYANT eT.
al" by George C. Love, Jr., R. L. S., dated December 1, 19879 and recorded in Plat Book ,
page 15 , Orange County Registry, to which plat reference is hereby made for a more
particular description of the property. C"1 Q 73 p� 2.187 /
The parties intend that the tract described above be merged for Orange County land records
purposes with the adjoining parcel already owned by the Party of the Second Part.
-s
` TO HAVE AND TO HOLD said lands and premises, together with all privileges tnereun o
belonging to him the said Party of the Second Part and his heirs and assigns in as full and
ample a manner as said Party, of the First Part as Commissioner as aforesaid is authorized and
empowered to convey the same.
When reference is made to any party, the singular shall include the plural, and the
masculine shall include the feminine or the neuter.
IN TESTIMONY WHEREOF, said Party of the First Part, acting as Commissioner as aforesaid,
has Hereunto set her hand and seal the day and year first above written. 4V
t 511'1'0 flq ;T2.*e o� R-a'=state = ^
114 p'H A f ;z1 .',�i,n T2x
LUCY D.�TRICKLAND, Commissioner SEAL ^ a�F.N t;.�j „ I"
y — —
... = CEC PE7 `tom' L 50 -
STATE OF NORTH CAROLINA COUNTY OF ORANGE ��
4 C-3
I, MICHELLE M. MORTON , a Notary Public in and for said County a d r
State, do hereby certify that LUCY D. STRICKLAND, Commissioner, Party of the First Part,
personally appeared before me this day =A acknowledged the due execution of the foregoing deed
for the intents and purposes therein, ezpressed.
�$�`lE M•.NG
WITNESS my hand and notarial seal, this 4th day of December , 1987• rOigRy �p
.2 z.
{,I, e. PUBLIC i
NOTA
My commission expires: February 22 1991 RX PUBLIC � v�yi
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O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date FEBRUARY 25, 1991
Action Agenda
Item # C. 2. b•
SUBJECT: EFLAND AREA STUDY AND CP-2-91 (EFLAND NODE ADJUSTMENT)
DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No
ATTACHMENT(S) : INFORMATION CONTACT:
Summary of Recommendations Dave Stancil, Extension 2590
Efland Area Study
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comment on the findings of the
Efland Area Study, including CP-2-91, an adjustment to
the existing Efland Center Commercial Activity Node.
BACKGROUND: In the fall of 1988, after input from several
residents of the Efland area in Cheeks Township, the
Planning Board requested that staff undertake an area
study to address community character concerns and
future land use issues in Efland.
The area study, after delays on behalf of an EDC
subcommittee, began in the summer of 1990. The process
has been very community-oriented. In the early stages
of this study, a community survey was conducted to
elicit comment on boundaries and issues of importance.
A series of seven community meetings have been held to
define issues, formulate goals and objectives, and
participate in community discussions of these issues.
In November, an Efland Steering Committee was
appointed by 38 village residents. This group was
charged with 1) assisting staff in developing a
community land use plan and recommendations, and 2)
studying the feasibility of Efland incorporation and
recommending a course of action. The members of this
• 5 Y
0 L V
steering committee are Pegge Abrams, Lindsay Efland,
Madison Efland, Sim Efland, Ben Lloyd, Elvira Mebane
and Robbie Riley.
After meetings with staff, the Efland Area Study draft
document and plan was presented to 32 village
residents on February 12 . The proposals met with
general agreement from those present (with minor
revisions) , and are presented tonight for the public.
In brief, the Efland Area Study recommends a series of
actions and strategies designed to enhance the
community character of the village from the standpoint
of housing, community services, transportation, open
space and land use planning. This document recognizes
Efland's strategic importance in the Triangle, and
that the village is unique among areas under Orange
County jurisdiction because of its village core and
level of urban services existing and proposed.
The study proposes using "neotraditional" planning
techniques to encourage pedestrian-scale community
services and recreation facilities built around the
community' s traditional core. To accomplish this, an
Efland Village Overlay District is proposed which
might apply special standards and mixed uses to
enhance the core of the village and make the community
viable and well-planned in the future as development
pressures related to I•-85/40 increase.
Before an overlay district can be adopted, the
existing "Efland Center" Commercial Activity Node must
be adjusted (CP--2-91) to include several lots that are
within the service areas of the community focus, but
currently outside of the node. In this manner, all
properties in the community focus ( 1/4-mile from
strategic intersections) can be treated consistently
under the County Comprehensive Plan.
This plan provides the basis for the village to
evolve without compromising the "small town feel" that
residents feel is critical. The plan would also
provide a strong backbone for a town plan, if the
community should opt to incorporate in the future.
RECOI,MNDATION: The Planning Department Staff recommends that the
Efland Area Study be received, and that the related
amendment to the Land Use Element of the Comprehensive
Plan (CP-2-91) be adopted.
044
2/13/91
SUMMARY OF PRIMARY RECOMMENDATIONS
EFLAND AREA STUDY DRAFT
HOUSING
1 . Allow a slight density bonus for developers who provide
"AFFORDABLE HOUSING" .
2 . UPZONE to moderate density (2-3 houses per acre) an area
within 1/2-mile of the three community foci.
3 . Local civic groups to look into the possibility of creating a
HABITAT FOR HUMANITY group to help provide community housing.
COMMUNITY SERVICES
1 . Construct PHASE II OF THE EFLAND SEWER PROJECT, to enable all
Efland Citizens to acquire service.
2 . Join with other groups calling for TOLL-FREE TELEPHONE SERVICE
within Orange County.
3 . Create a COMMUNITY CENTER COMMITTEE of local volunteers to
study the use and mission of an Efland community center.
4. Ask the Economic Development Commission to assist in
RECRUITING NEEDED PROFESSIONALS and community services .
TRANSPORTATION
1 . Negotiate a PARK-AND-RIDE LOT easement near the I-85/40
interchange with Mt. Willing Road.
2 . Ask the County Recreation and Parks Department to assist local
residents in developing an Efland OPEN SPACE/WALKWAYS PLAN.
3 . Encourage enforcement of the 45 MPH speed limit on US 70.
4 . Request higher priority on the Priority Paving Schedule for
long-unpaved state roads in the Efland village.
OPEN SPACE
1 . Identify an "EQUITABLE" method of PROTECTING SPECIAL PLACES of
scenic, historic or natural significance in the community.
2 . Hold a COMMUNITY CLEAN-Up CAMPAIGN in the spring to help other
neighbors clean unsightly areas . County to participate in
cleaning sewer line construction debris along McGowan Creek.
q f
2/13/91
3 . Ask Orange County to apportion proposed park funding to
accommodate a TOWN COMMONS near the center of Efland.
LAND USE PLANNING
1 . Efland Steering Committee to make a recommendation to
community on whether or not to pursue INCORPORATION a Town.
2 . Ask the Economic Development Commission to continue
identifying appropriate SITES FOR employment-generating,
environmentally-sensitive LIGHT INDUSTRY in Western Orange.
3. Expedite the completion of the Efland SEWER Project.
4 . Meet with Hillsborough elected officials to 'coordinate
THOROUGHFARE PLANNING in the Efland portion of the
Hillsborough Thoroughfare Plan.
5 . Create an EFLAND OVERLAY ZONING DISTRICT in the Efland
Community Foci ( 1/4-mile around three strategic
intersections) . This district would be specific to Efland
only, and designed to allow community-scale services and
small-scale mixed-use development in central Efland - to help
build and maintain the village' s SMALL-TOWN FEEL. *
* - (In order to accomplish item 5, the County Land Use Element
must be revised to adjust the boundaries of the Efland Center
Activity Node to reflect the 1/4-mile radius around Efland's
strategic community focuses (foci) . This is the action item
proposed for the February 25 public hearing in Hillsborough.
I.
TH
FLAND AREA
STUDY
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JANUARY 24 , 1991
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TABLE OF CONTENTS
Subject Page
ACKNOWLEDGEMENTS
SCHEDULE OF GRAPHICS
I. BACKGROUND
A. Orientation/Purpose of Study 1
B. Study Area Profile 3
I. Natural Resources
2 . Current Land Use Pattern
3 . Demographic/Employment Data
II. COMMUNITY INFRASTRUCTURE AND SYSTEM PLANS
A. Transportation 10
B. Utilities 12
C. Recreation, Parks and Open Space 15
III. COMMUNITY CHARACTER AND FORD
A. Current Profile 17
B. Opportunities and Constraints 19
IV. RECOMMENDATIONS
A. Goals and Objectives 21
B. Other Recommended Actions 29
C. Proposed Efland Land Use Plan 32
V. APPENDICES
A. Community Survey Instrument Al
B. Survey Response Summary B1
C. Efland Fact Sheet C1
i '
THE EFLAND AREA STUDY
ACKNOWLEDGEMENTS
SPECIAL THANKS TO:
THE CHEEKS TOWNSHIP ADVISORY COUNCIL (Ira Ward, Chair)
THE COUNTY OF ORANGE PLANNING BOARD (Betty Eidenier, Chair)
AND ESPECIALLY:
THE EFLAND CITIZENsf STEERING COMMITTEE
Pegge Abrams
Lindsay Efland
Madison Efland
Sim Efland
Marilyn Liner
Ben Lloyd
Elvira Mebane
Dalton R. Riley, Jr.
. . .AND THE OTHER CITIZENS OF EFLAND:
PROJECT TEAM
COUNTY OF ORANGE PLANNING DEPARTMENT
Paul D. Stancil: Principal Planner, Project Coordination
Emily C. Cameron: Project Planner, Community Design Specialist
Donna M. Bell: Research and Graphics Planner
Marvin E. Collins,
R. Eugene Bell: Review/Editing
January 24, 1991
fi
SCHEDULE OF GRAPHICS
MAP TITLE PAGE
MAP 1: EFLAND BOUNDARIES. . . . . . . . . . . . . . . . . . . . . . . . . 3.
MAP 2: TOPOGRAPHY AND SOILS. . . . . . . . . . . . . . . . . . . . . .5.
MAP 3: EFLAND AREA WATERSHEDS. . . . . . . . . . . . . . . . . . . ..7.
MAP 4: SITES OF CULTURAL/HISTORIC SIGNIFICANCE. . .9.
MAP 5: EXISTING LAND USE PATTERN. . . . . . . . . . . . . . . . 12 .
MAP 6: TRANSPORTATION SYSTEM. . . . . . . . . . . . . . . . . . . . 15.
MAP 7A: WATER SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.
MAP 78: SEWER SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.
MAP 8: PARKS AND RECREATION* . . . . . .
MAP 9: PROPOSED LAND USE INTENSITY PLAN. . . . . . . . .36.
iii
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I. BACKGROUND
A. ORIENTATION/PURPOSE OF STUDY
The community of Efland is located in west-central Orange County,
part of a linear suburban/urban extension that stretches into
Alamance County and Burlington along a transportation corridor
marked by Interstate 85/40, the Southern Railroad, and U.S. Highway
70. The community was established circa 1880 along the rail line as
a tobacco-shipping outpost.
In the early 20th century, textiles became a significant 'industry
in the region and state, and mills in and around Efland spurred
residential development in what is now considered the core of the
community - between US 70 and the railroad.
Although the dominance of both the railroad and textiles has
diminished over the last half-century, the pattern of development
from those years is still the backbone of Efland. Added to this are
continued residential development and non-residential operations
and commercial services that dot the US 70 corridor today. The
village contains 700-1000 persons, and is unincorporated.
There is no definitive answer to question of where Efland begins
and ends. A survey of area residents has defined the boundaries for
this study to be generally McGowan Creek on the north, Interstate
85 on the south, the Eno River on the east. These boundaries are
relatively easy to see. The western boundary however, is not
visually apparent because of the linear development pattern along
U.S. 70. Asked to define a western boundary, most residents
selected the Efland/Cheeks Elementary School with a significant
minority indicating that Efland extended westward to Buckhorn Road
(see Map 1) .
The Efland Area Study began in July of 1990, after an 18-month
delay to allow completion of the Economic Development Commission's
Target Advisory Group Preliminary Report on the proposed industrial
area west of Efland. The Efland Area Study was commissioned by the
Orange County Planning Board in late 1988, and was precipitated by
a proposed residential-to- commercial land use change that stirred
community interest in 1988. Concerns on the part of many residents
as to maintaining the community character of Efland were expressed
in both verbal and written form to the Planning Board. As a result,
the Planning Board proposed an area study to examine the greater
issues affecting the comprehensive long-range plans for the Efland
area, the location of non-residential development, and the
protection of the community's character.
0;i ;�
The Efland Area Study has from the outset had citizen involvement
as its basic tenet - which has been solicited and encouraged
through seven community meetings advertised by flyers in the
community and the media. Attendance at these meetings has ranged
from 12 to 38 persons.
An informal citizen survey (one survey for every house in Efland)
was conducted in August 199Q, with a response rate of over 33%.
This survey provided valuable information about the community, and
its results can be directly seen in the recommendations of this
document.
In October 1990, 36 Efland citizens selected a Steering Committee
of community leaders to 1) study and report on the issue of Efland
incorporation; and 2) assist staff in drafting the Area Study. This
committee met on several occasions from October-January and
provided invaluable assistance to staff.
The Efland Area Study has attempted to be - in the truest sense -
a plan developed by citizens. The data and recommendations that
follow are those that the community as a whole felt were important
to the future of Efland.
2
IrAv EFLAND AREA STUDY
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B. STUDY AREA PROFILE
Soils, slope and Topography
The Efland community, located along the railroad and US 70, lies
along a ridge line which contains fair-poor soils. Accordingly,
these soils have little slope associated with them and Efland is
generally level in topography.
The most prominent soils found in the Efland Area are Georgeville
silt loam, (with 2-10% slopes) ; Herndon silt loam (with 2-6%
slopes) ; and Tatum silt loam (with 8-15% slopes) . Both Georgeville
and Herndon soils have high potential for most urban uses, such as
dwellings and roads, and are also well--suited for many forms of
recreation. The remaining type of soil, Tatum silt loam, is more
problematic with less potential for urban and recreational uses
because of their steeper slopes. In addition, all of these soils
have moderate permeability, which may affect the performance of
septic tank absorption fields. This limitation has presented itself
in wastewater system failures in the Efland area - including the
Efland-Cheeks School - over the past several years. However, these
problems can generally be overcome by modifying the field or
increasing the size of the absorption area, or of course, by
providing sanitary sewer service.
The mean elevation of Efland is 665 feet above sea level. With the
Southern Railroad as the ridge line, the area falls in topography
slowly to the north and south. The only subareas of significant
slope or elevation change are near McGowan Creek to the north and
the Eno River to the east.
The soils, slope and topography of the Efland Area can be seen in
Map 2 .
KXdrqja_qy and ve station
As previously, stated, Efland is located atop a ridge line that
separates the McGowan Creek/Eno River basin on the north from the
Seven-Mile Creek/Eno River basin on the south. Both of these basins
are within the Upper Eno Water Supply Watershed, a protected
watershed with two current reservoirs and two potential reservoirs
as shown below:
URR er Eno Watershed Reservoirs
Corporation Lake - which provides water to Mebane and
Mebane/Efland. The area north of the Southern Railway drains
largely into McGowan Creek before entering the Corporation Lake/Eno
River and Lake Ben Johnson. The potential Eno River reservoir
north of McGowan Creek (not planned at this time) would be upstream
4
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MAP 2 - TOPOGRAPHY/SOILS
CONTOUR LINES
'POOR' SOILS
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of this part of Efland and not affected by water quality in McGowan
Creek.
Lake Ben Johnson - is a small run-of-the-river portion of the Eno
which is currently the Town of Hillsborough's primary water supply.
This reservoir is located two miles downstream on the Eno from
Corporation Lake, beyond the point where Seven-Mile Creek also
enters the Eno River. Thus, the entirety of Efland drains into this
water supply, as the portion of Efland south of the Southern
Railway flows mainly into the Seven-Mile Creek basin, where a
future reservoir has been proposed on Seven-Mile Creek south of
Interstate 85.
The future reservoirs, Seven-Mile Creek and Upper Eno, have
different implications from Efland drainage. The Seven-Mile Creek
watershed includes the southern portion of Efland, as all areas
south of the Southern Railway drain into this creek. However, the
Upper Eno reservoir would be located north of McGowan Creek, which
means that none of the Efland area would drain into this potential
source. (Please see Map 3) .
As a result of this hydrological pattern, the entire community of
Efland is within the Upper Eno Protected Watershed - whether
draining into McGowan Creek, Seven-Mile Creek, or the Eno itself.
Accordingly, special water quality protection provisions have been
implemented for the entire watershed - including Efland as defined
here. In addition, only a small portion of Efland is within a
"water quality critical area" (WQCA) , an area which drains directly
into a main tributary of a current or proposed reservoir, or the
(current or proposed) reservoir itself. This protection
classification requires special development protection measures,
such as larger lots and more stringent ground cover limitations.
The provisions of this classification will be discussed in greater
detail in Subsection C of this section.
Natural Historic and Cultural Sites of significance
Orange County has endeavored during the past 10 years to inventory
and identify sites of special significance in a number of different
categories.
This is done largely via two inventories:
An Inventory- of Sites of Cultural Historic Recreational
Biological and Geo o ical Significance in the Unincor orated
Portions of Oran a Count . County of Orange, 1988.
Inventor of the Natural Area and Wildlife Habitats of Oran e
Count North Carolina. The Triangle Land Conservancy, 1988.
6
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Efland, as a moderately-developed area, does not contain many
sites listed in these or other inventories. There are, however,
several sites within proximity to Efland worth mentioning.
One special plant habitat exists within Efland, in the eastern
portion of the study area. Located there is the rare species
Michaux sumac. A second plant community situated to the southeast
of the study area, the seven-Mile Creek Bottomlands, is the only
known site in Orange County of the regionally-rare herb Blue
Cohosh, along with ginseng and maidenhair fern. The bottomland
forest in the area is considered by the Inventory to be the best in
the county outside of Duke Forest and Eno River State Park. A
special animal site is also located to the east of the Efland
community, along the Eno River, where the state-listed Carolina
Darter can be found.
In addition to these sites of natural significance, Efland contains
a number of cultural and historic sites of significance. These are
characterized by several places of worship, among them the Efland
Baptist Church, the Efland United Methodist Church, the Efland
Presbyterian Church, Gaines Chapel A.M.E. Church, Wade Holiness
Temple and McCoy's Temple. Efland also has its own community school
- Efland/Cheeks Elementary - and is served by JOCCA (Joint Orange-
Chatham Community Action) . In addition, the development of a
community park is planned in the Efland/Cheeks Elementary School
vicinity, as part of the Orange County Parks and Recreation Plan.
For the location of these sites, please see Map 4.
Existing Land- Use- And Zoning
The community of Efland is part of the eastern fringe of a
suburban/urban corridor known as the Piedmont that stretches
through central North Carolina and upstate South Carolina. The
existing land use pattern has been formulated around, and in
conjunction with, the three-tiered transportation corridor that
bisects Efland.
The vast majority of Efland as defined here consists of single-
family residential dwellings of moderate--to-lower income -
clustered along US 70 and the railroad. Although Interstate 85/40
also plays a major role in the transportation network, the part of
Efland bordering the interstate remains largely undeveloped - due
to the constraints of water quality protection measures and growth
management planning that buffers development from the interstate.
Within the core of Efland exist several non-residential uses
ranging from a hosiery mill, a farm supply center, a locally-owned
grocery store, a post office, and other small agriculture-related
operations. Public services such as a post office, fire department
and elementary school can also be found in the community - again
clustered along the railroad and US 70 corridor.
8
39 BRCOKHOLLC EFLAND AREA SST DY
P f MAP 4 - SITES OF CULTURAL/
HISTORIC SIGNIFICANCE
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Of the single-family residential development, the housing stock and
architectural styles range from post-World War II frame housing to
recent Williamsburg-style homes. The 1940's era housing is located
in close proximity to the hosiery mill, and is somewhat reminiscent
of "mill villages" found elsewhere along rail lines in Piedmont
North Carolina.
The density of residential development ranges also from large-lots
to lots of less than one-acre that pre-exist local building codes,
and are provided with sewer service. The provision of sewer service
to a portion of the community, and plans to extend it throughout
Efland, has a significant impact on residential development
patterns.
Efland is zoned in accordance with the Orange County Land Use Plan,
which recognizes the village as 10 and 20-Year Transition Area
within which urban services will be made available and higher land
use densities thereby possible. In addition, the core area of
Efland is also designated Commercial/Industrial Activity Node -
which allows non-residential activities with appropriate standards.
As might be expected from the development pattern, the majority of
Efland is zoned for low-density residential (R1) , which also serves
as a holding zone until adequate community services enable moderate
residential densities. In addition, selected areas are zoned for
commercial and industrial activities (LC1, NC2, EC5, EI and I1) .
Efland is surrounded on the north, south and east by agricultural
land uses. The area to the west of Efland, which was mentioned by
many residents as an extension of the community, is designated
within this document as "West Efland" . Although not a part of this
study, the West Efland area is worthy of note because of linkages
present between this subarea and the core of Efland.
West Efland, which stretches from the Efland-Cheeks School west to
the City of Mebane jurisdiction, is linked to Efland because of
topographic and transportation reasons. West Efland is similar in
development pattern to Efland, although there is no "community
core" as is present in Efland. Most importantly, the West Efland
area is located in the same drainage basin as Efland. Water and
Sewer facilities developed in Efland could also serve West Efland.
Buckhorn Road, which serves as the boundary for west Efland from
the Mebane area, is also the ridge line between two of the state's
major river basins, with Mebane and points south and west lying in
the Haw (Cape Fear) basin, and West Efland, Efland and points east
in the Eno (Neuse) basin. For these reasons, West Efland is so
designated to show the linkage to Efland rather than Mebane.
In addition, areas due south and west of Efland (the I-85/Buckhorn
Road interchange and the US-70/Buckhorn Road intersection) are
suitable for some commercial and industrial uses. These areas are
referenced in the County Land Use Plan as the Efland Center, Miles
10
South and Miles North Commercial Industrial Transition Activity
Nodes. These areas are the subject of strategic planning by the
Economic Development Commission, and will play a role in the Ef land
community when developed. The zoning pattern and existing land use
can be seen on Map 5.
Demographic_and_ Employment Data
Efland, as defined by the residents of this area (see Map 1) , is
comprised of 925 acres of land. Using 1990 preliminary Census data,
it is estimated that 686 persons live in this portion of Efland. If
one adds the West Efland portion of the community, Efland contains
1, 450 acres and 1, 067 persons.
From this data, population projections have been compiled (see
Appendix B) . Using an average annual growth figure of 2 . 96% (being
the average growth rate for Cheeks Township from 1970 to 1990) , the
core area of Efland will contain 1, 229 persons in the year 2010.
The total community (including West Efland) will be home to 1, 912
persons in 2010.
In the early days of Efland, the majority of village residents
worked in nearby agriculture or local textile operations. With the
advent of the automobile and the Interstate, commuting to Research
Triangle Park or Durham has become viable - and in 1990 over one-
third (34%) of Efland residents drive than 10 miles to work.
The local textile operation, however, still serves as an important
local employer - one that residents could reach by walking.
The proposed industrial center west of Efland may have a tremendous
impact on the employment opportunities in Efland. Residents have
indicated that employment opportunities in the community for non-
professionals are slim. The opening in 1988 of Interstate 40 -
which branches into the Triangle area from Efland -will undoubtedly
make commuting increasingly viable for many Efland residents.
POPULATION PROJECTIONS FOR EFLAND
() -
Efland + West Efland
Year Low (2%) Middle- (2.96%) * High (5%
1990 686 (1067) 686 (1067) 686 (1067)
1995 757 (1158) 794 (1235) 875 (1362)
2000 836 (1301) 918 (1428) 1117 (1738)
2005 923 (1436) 1063 (1653) 1426 (2218)
2010 1019 (1585) 1229 (1912) 1820 (2831)
* - Cheeks Township 1970-1990/Orange County Comprehensive Planning.
11
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MAP 6 - EXISTING LAND USE
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II. COMMUNITY INFRASTRUCTURE AND SYSTEMS PLANS
A. TRANSPORTATION
Community development patterns are often molded and created around
the transportation network. In larger urban areas, the "people
mover" technologies have considerable impact and influence on
development patterns. On a scale such as Efland, vehicular and
pedestrian-scale transportation is the primary source (see Map 6) .
Rail
Efland is a community which has grown up around the presence of the
railroad. The Southern Railway runs through the middle of the area.
The community itself was "founded" circa 1880, largely as an
important rail stop for tobacco and other agricultural products
centrally located between tobacco centers in Durham and Winston.
Although the significance of the railway has declined greatly since
the advent of privately--owned automobiles, trucking, and air
travel, the recent provision of intrastate commuter service via the
Amtrak "Carolinian" has increased awareness of this mode of
transportation. This train - which carries traffic once-daily from
Raleigh to Charlotte - will be increased to twice-daily service in
1992, passing through Efland between stops in Burlington and
Durham.
Although it is not economically feasible to pursue a commuter train
stop for Efland in 1991, it is prudent to be aware of future
possibilities for linkages as part of a light-rail or fixed
guideway system. In the future, Efland could be a strategic point
for such service -- either as the westernmost outpost to the
Research Triangle Park or as a mid-point between the metropolitan
centers of the Triad and the Triangle.
Roadways
Roadways in Orange County are classified and evaluated in the
recently-completed Transportation Element of the Comprehensive Plan
— Phase I. From this document, one can identify the principal roads
located within the Efland area:
Interstate 85/40: a four-lane controlled access facility which in
the process of being expanded to eight lanes by
1996.
U.S. 70: a major thoroughfare which bisects Efland and
serves as the main traffic carrier.
13
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I-8S/IIS 70
Connector: which serves currently as a flyover carrying
traffic to US 70 from northbound I-8S and
to southbound I-85 from US 70. This flyover
will be converted into a full interchange as a
part of the I-8S expansion..
Mt Willing Road: a major thoroughfare and interchange on I-8S
which ends in downtown Efland.
Efland-Cedar
Grove Road: a major thoroughfare which runs from the Efland
core area north toward Cedar Grove. Is often
used by traffic from Danville Virginia
bypassing Hillsborough.
The above roads provide more efficient service, access and travel
times linking employment shopping education and population centers.
Collector roads, such as those shown below, provide access to
arterial and interstate roads. The other roads in the community
provide the least intensive traffic movement.
Brookhollow Road,
Richmond Road,
Forrest Drive: Arterials which serve different parts of
the community. .Forrest Drive is in many ways
"Main Street" for Efland.
other local grid streets in the Efland core.
other types of transportation, on a less-intensive scale, include
bicycle and pedestrian methods.
Bicycle transportation has gained widespread acceptance as an
environmentally-sensitive alternative - especially in more urban or
compact communities where vehicular movement can become
constricted. Although there are currently no bikeways in Efland,
corridors along existing routes could be created to accommodate and
encourage this mode of transportation.
Similarly, the use of pedestrian-level transportation is often
overlooked. Although feasible for short distances only, the
potential for encouraging pedestrian transportation has also
increased dramatically in communities wishing to protect their
community character and encourage a "small-town" feel, with
housing, employment and services all located in proximity to one
another where pedestrian-scale options can be utilized.
14
EFLAND AREA STUDY
D
MAP 6 - TRANSPORTATION SYSTEM
F R E E V%kY
MAJOR THOROUGHFARE
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B. UTILITIES
The level of utility service in Efland is somewhat unique and
complicated by different providers .both within and outside of the
community.
Tele hone Service
In Orange County, telephone service is a complicated mix of
different providers and service areas. As such, this situation is
not localized to Efland. The Centel Telephone Company, which serves
most of Efland, is one of but four telephone companies and
exchanges that serve orange County. Southern Bell provides service
to the majority of Orange County residents living in southeastern
Orange County. The east--central and northeastern fringe of the
County is served by GTE's Durham exchange. The western fringe of
the county - located adjacent to Efland, is served by Mebane Home
Telephone Company.
The community .of Efland, as defined by area residents, is provided
telephone service by two different telephone companies: Centel,
which provides service to Hillsborough, eastern Efland and central
Orange County; and Mebane Home Telephone, which serves west-central
Orange County and the. western one-third of Efland.
Specifically, the boundary between the Centel service district and
the Mebane Home distract follows a creek line which bisects Efland.
The 2/3 of Efland located east of the Gaines Chapel/Efland Woods
area is served. by Centel's Hillsborough exchange. The area west -
including Efland-Cheeks Elementary School - is served by Mebane
Home.
This variation in service in Efland and across the County is
recognized as a limiting and constraining factor to business and
residential. communication. Efforts of recent years to provide toll-
free calling throughout Orange County have as of this point been
unsuccessful. The situation is acute for Efland residents, who
often find that calling their neighbors or customers in the US 70
corridor is a long-distance call. For parents of children at
Efland/Cheeks Elementary School who live in the West Efland,
calling the school is also long-distance. In fact, the Efland-
Cheeks Elementary School serves an area that has three different
exchanges, all of which are long-distance calls within a five--mile
radius.
This problem was readily recognized and identified as a community
issue, and is discussed in further detail later in this document.
Natura Gas nd E1 ctric Power
As with most areas in orange County and around the nation, natural
gas and electricity are readily available in Efland.
16
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Natural Gas service is provided via a pipeline in Efland by the
Public Service Gas Company of North Carolina. There are, however,
some portions of the community that are not tied into this
pipeline.
Electric service is provided by Duke Power Company, with a regional
Office in Chapel Hill. Surrounding areas are served with
electricity by Piedmont Electric Membership Cooperative.
Water service
Water service in Efland is provided by the Orange-Alamance Water
System, a cooperative that provides service in and beyond the
bounds of Efland. OAWS is the owner of the Corporation Lake
impoundment on the Eno River, which much of Efland drains into via
McGowan Creek.
OAWS water is treated at a filtration plant on US 70 just east of
Efland, and distribution lines run along the road network in Efland
and beyond along the US 70 corridor. Water service is generally
available to most Efland residents who desire service. Efland water
service can be seen on Map 7-A.
Sewer Service
Sewer service in Efland is an issue that has been, and continues to
be, of great concern to area residents.
Prior to 1988, the entirety of Cheeks Township outside of the
Mebane corporate limits did not have sewer service. Failing septic
tanks in the Efland area occurred during the 1970's. This situation
was brought to a head by a similar failure at the Efland Cheeks
Elementary School package plant which threatened the public health
and continued operation of that facility.
As a result, a plan for extending sewer service to Efland via
Hillsborough was considered and adopted by the Orange County
Commissioners. As an unincorporated community, Efland did not have
authority or ability to create its own sewer system. In the spring
of 1988, phase one of the Efland Sewer Project was completed -
providing service to the western portion of Efland surrounding the
Efland-Cheeks School.
The remaining phases of the Efland Sewer Project have not been
carried out at this time, and as a result, the majority of Efland
residents - many of whom signed up for sewer service - remain
unnerved in 1991.
This issue has been identified as one of great citizen concern, and
is discussed at length in the Issues, Goals and objectives section
of this report. A map of sewer lines in Efland is shown as Map 7-B.
17
0 1 1G]s'sq �`l__: ► 6 EFLAND AREA STUDY
17
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J0
C. RECREATION, PARKS AND OPEN SPACE
Adopted in July of 1988, the Orange County Master Recreation and
Parks Plan (also known as the Recreation Element of the Orange
County Comprehensive Plan) was developed to guide community leaders
in the orderly and adequate provision of leisure opportunities.
This document concentrates its efforts on the provision of four
types of facilities: community parks, district parks, trails, and
swimming pools. The concept of a community park is designed to
serve the more densely populated unincorporated areas of the County
- of which Efland is a prime example. A community park is typically
25 acres or more, and provides a range of recreational
opportunities from intensive activities on athletic fields and
tennis courts, to walking/jogging paths, to more passive activities
such as picnicking and viewing.
A district park is typically 75 acres or more and within 1/2-hour
driving time of its service area population. Containing many of the
same facilities found at a community park, a district park also
could provide an indoor facility and a water feature (pond or
lake) .
The Efland community is recognized in this Master Plan as an
appropriate area for recreational facilities. The Plan calls for a
community park to be sited and developed in the Efland community by
the year 2008. Efforts are currently underway to site such a
facility on a tract adjacent to Efland Cheeks School.
In addition, a district park is proposed during the plan period for
the general location of Corporation Lake just east of Efland. No
activity in siting or funding this facility has occurred.
Currently, recreation facilities in Efland are limited to private
fields at the Ruritan Club and other area ball fields. The Efland-
Cheeks School has limited recreational facilities for smaller
children as well. No public parks are located in or near Efland.
A map of proposed and existing recreation facilities in the Efland
area is provided as Map 8.
20
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EFLAND AREA STUDY
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1306
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A_
III. COMMUNITY CHARACTER AND FORM
A. CURRENT PROFILE
In passing through Efland, even the casual observer's eye will
discover the basis of Efland's community character and form. It
becomes readily apparent that the driving force behind the design
and style of "Efland" is the transportation system of US 70 and the
railroad.
Like many of the old routes that traversed this nation and served
as the means of interstate travel before the advent of the
Interstate highway system, one can see from traveling US 70 across
this state that it once played a crucial role in transportation.
Nowhere is this more apparent than in Efland. US 70 is the linear
link that ties Efland together. The development pattern promulgated
during the 1950's continues to exist in the heart of Efland along
this artery. This pattern is primarily single-family residential of
a scale seen in "mill communities" across the state. Small wooden-
frame and brick homes dot the landscape along US 70, with well-
manicured lawns and significant retention of existing vegetation.
The interaction and proximity of the local businesses (Forrest and
Forrest, Liner's, etc) to the residential areas express the very
goals Of community character that many developers are trying to
recreate in "neotraditional" new communities across the nation.
Efland, because of its historic ties to the railroad and US 70,
already has many of these facets in place.
Since 1960, however, the pattern has been altered by both the
coming of Interstate s5 (and now 40) , and the suburbanizing trend
in residential development. While the frame homes on small lots
located south of US 70 (near the railway) continue to exude
Efland's traditional mill village appearance, new subdivisions on
the fringe of Efland and in rural Cheeks Township have eroded some
Of Efland's focus as the social and commercial center of Cheeks
Township - just as can be seen in other communities where new
development occurs further and further from the core of the
community. The effect of this pattern has left the US 70 corridor
seemingly devoid of any beginning and end.
It is impossible to classify Efland's housing stock into a single
style or scale. In fact, the housing types vary not only by type
but by location as well. There is not a cluster of large brick
homes, nor is there a cluster of modest dwellings (save the portion
of the village between 70 and the railway) . The housing types in
Efland are scattered across the landscape - testimony again to
Efland's pre-1960 development pattern.
22
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C1 SJ �
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The existence of open space in the community is important to the
community's character. At first glance, one does not perceive
Efland as having much open space. Strong open vistas along US 70
are limited to the northern and eastern boundaries.
But the open space in Efland is of a different kind. Instead of
tracts left vacant or wooded, Efland open space is best found in
Ruritan ball fields, wide front lawns and wooded lots - once again
reminiscent of the kinds of open space found in communities like
the "Mayberry" of television fame.
With US 70 and the railway representing the ridge line in the area,
the viewshed in the community is diminished only by the amount of
vegetation and development along the roadway. However, the entrance
vistas along US 70 westbound and Efland Cedar Grove Road southbound
are quite notable and serve as true gateways to Efland.
In summary, the current profile of Efland's community character is
that of a community linked by transportation corridors. Much of the
"neotraditional" vogue in architecture and design can be found
inherent in Efland's pre-1960 pattern. Scale and style of housing
varies considerably, and open space is not readily apparent to the
naked eye. The one common thread in each of these factors is
Efland's uniqueness as a community, and this is key to
understanding the pattern and form of the community.
23
B. OPPORTUNITIES AND CONSTRAINTS
Efland, as an unincorporated village, does not exist in isolation
from the rest of the County, and events and forces from outside
impinge upon it. Some represent opportunities, some threats.
Given this existing profile as a community, a number of
opportunities and constraints for community character can be
identified by overlaying the following on Efland's landscape:
- natural resources
- environmental constraints
- visual character
. - existing land use pattern
This exercise, termed an environmental scan, was performed with the
Efland Steering Committee to assess and analyze the future
scenarios of the village. In so doing, locations within Efland with
potential for significant community development were identified.
Since Efland's development pattern is largely pre-1960, the
community is left with two choices to make regarding future
character-related actions. One would recognize fatal flaws in the
pattern and character of the community, and actions would be taken
to reverse these flaws and create a "new" community character. The
second choice would utilize the existing community character and
attempt to enhance this character to a certain degree by pursuing
strategies designed specifically for this purpose.
Efland residents clearly indicate a desire to pursue the latter
rather than the former, and the opportunities/threats identified
provide the community with a starting point for enhancing Efland.
CHART S - OPPORTUNITIES AND CONSTRAINTS TO COMMUNITY CHARACTER/FORM
OPP- OPPORTUNITY CON - CONSTRAINT
Natural Resources
OPP - McGowan Creek
OPP - wooded and cleared vacant areas remain (mill pond, other)
OPP - good drainage
CON - Single-family development pattern
Visual Resources
OPP - yards along US 70
OPP - gateway vistas at Lloyd's and Efl-CG Road
CON - poles and fixtures along US 70
CON - Unsightly commercial areas
CON - development limiting US 70 vistas
Existing Land Use Pattern
CON - linear, tending toward sprawl
OPP -- still a few breaks in the linear though
CON - environmentally-sensitive land (WQCA)
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IV. RECOMMENDATIONS
A. COMMUNITY ISSUES, GOALS AND OBJECTIVES
One of the primary thrusts of the Efland community meetings held in
July--December 1990 was the identification of community issues. The
more obvious of these issues were made explicit by the citizen
survey distributed in August. The use of this questionnaire and
several brainstorming sessions with residents were successful in
identifying several community issues that were not readily apparent
or obvious.
Once the issues of importance had been identified, goals and
objectives associated with these issues were generated by staff -
again coming directly from the survey and from citizen comments at
community meetings. The Efland citizens provided significant input,
and after four drafts, the study's goals and objectives were
solidified.
The final step in this process involved translating these goals and
objectives into specific action recommendations to be passed on to
elected officials and policy makers.
This section of the study will identify each of these community
issues, with a brief discourse on citizen comments and ideas,
followed by the goals and objectives suggested, and finally the
specific action recommendations that would implement and foster
these goals. Some issues are interrelated, and themes such as the
question of incorporation and pedestrian-scale "neotraditional"
planning run throughout.
COMMUNITY ISSUE 1: HOUSING AVAILABILITY WITHIN EFLAND
The issue of future housing needs within Efland was one of the most
cited by residents. As can be expected, many different notions on
the degree of the problem and the needed solutions were suggested.
In general, the primary concern seemed to be of providing
affordable housing. In Efland, the concept of affordable does not
mean the same to everyone. The feeling seemed to be that two
different types of affordable housing might be needed. First,
affordable housing in the sense of being constructed and priced
such that low-income persons might be able to purchase. However, an
equal number of persons felt that affordable housing meant this but
also encouraging the construction of housing options that young,
moderate-income families might be able to afford.
Other feelings among residents regarding housing listed concern
over the style and density of new housing. Most Efland residents
felt that high-density housing (apartments, mobile home parks)
would not fit into the scale and character of Efland, and would
therefore change the community. In addition, the architectural
25
style and scale (height) was mentioned as important. As for
location, the concept of utilizing cluster housing development on
undeveloped tracts with environmental constraints was mentioned
with no clear indication of favor or disfavor from residents.
One theme that runs throughout the Efland Area Study is important
to mention here, as it is related to housing and all of the issues
identified. The concept of maintaining and reconstructing the
community's historic flavor through pedestrian-scale efforts in the
core of Efland would encourage residential and non-residential uses
in a mixed downtown area. This concept might allow the affordable
housing question to be addressed more coherently, as well as
facilitate efficient service provision and other needs.
GOAL: PROMOTE HOUSING OPTIONS IN EFLAND.
objectives:
1. Pursue incentives to develop "affordable housing"
alternatives to encourage young persons to live in Efland.
2 . Encourage new housing to keep "small-town feel" by locating
in appropriate areas and in generally the same scale as the
surrounding neighborhood.
3'.. Encourage new housing developments to protect and preserve
open space that enhances the community.
4 . Encourage the development of new housing that is centrally
located to services and shopping in the central Efland
area. Such housing should be sensitive to the environment
and in keeping with community scale.
5. Explore the possibility of creating a local Habitat for
Humanity organization to assist in creating affordable
housing.
SRecific Action Strategies
a. Utilize a density bonus to be granted to developers of
"affordable" housing units, both low and moderate income.
b. Rezone residential areas near the core of Efland to
moderate-density (when sewer available) , to encourage housing
in close proximity to businesses and services.
C. Representatives of the community meet with other Habitat for
Humanity groups to discuss the potential for creating an
Efland chapter.
26
COMMUNITY ISSUE 2: COMMUNITY SERVICES
By necessity, discussion of this issue is tied up to a degree in
the pending question of Efland incorporation. The types of services
that residents desire will help determine whether they should
pursue incorporation as a Town. This question, therefore, is the
underpinning of community services in Efland.
Beyond this general question, one community service was far and
away the most discussed. The question of sewer service provision,
and the presence of sewer in part of the community only is also one
which stirs the anger of some Efland residents. This anger stems
from a perceived "reneging or delay tactic" that some citizens feel
has occurred on contracts held by residents in the core and eastern
part of the community who desired sewer service and were not in
Phase I of the County-initiated Efland Sewer Project.
Another issue that was identified as critical to Efland was the
need to alleviate long-distance telephone service within the
community. Citizens agreed this effort would best be tied to a
county effort to pursue such service across the county.
The question of a community center for Efland has long been an
issue that residents have agreed would be a benefit for the
community. The question of what types of activities the center
should accommodate remains an important for the community. A
Community Center Committee of local volunteers is proposed to help
plan for the logistics of this facility.
Finally, substantive discussion throughout the community meetings
centered around the need for local service provision within Ef land.
Currently, there are no day-care facilities, physicians offices, or
health care facilities within Efland. These are all services that
Efland residents must drive to Hillsborough (or further) to
receive. The question of health care is compounded by the fact that
no facilities (beyond a handful of physician's offices) are located
in northern Orange. This leaves Efland residents to drive 20-30
miles to Chapel Hill, Durham or Burlington for medical services
beyond physician's visits.
The services desired by residents also included private services.
There are currently no retail shopping or dining establishments in
the area, and residents indicated a desire to take actions to
recruit some of these services.
GOAL: ENHANCE AND EXPAND COMMUNITY SERVICES
Ob 'ect 'ves:
1. Develop and expand the existing public sewer service
currently serving part of Efland to allow all interested
residents the right to acquire public sewer. Examine
27
community water needs.
2 . Pursue area-wide toll-free telephone service for the
different telephone exchanges in the Efland area.
3 . Plan a "community center" for Efland that might be used by
senior citizens, youth groups, and others.
4 . Encourage the establishment of needed services, including
day-care, physicians, and small-scale dining and shopping
within central Efland.
Specific Action Stratecries
a. Pursue (as a town or organized village) the expansion of
public sewer service to the core area of Efland. Local
officials meet with Orange-Alamance Water System to discuss
water provision.
b. Organize with other county groups to petition Utilities
Commission for revisions in area-wide telephone service.
C. Create a Community Center Committee of local volunteers to
study the use and mission of such a center.
d. Request the Economic Development Commission's assistance in
recruiting . needed community services and professionals to
Efland, to be located in the community focus center of Efland.
COMMUNITY ISSUE 3: TRANSPORTATION
The Efland area is, at first glance, adequately served with
transportation facilities. The community is well served by east-
west roadways, has an existing rail facility which has future
possibilities, and is located at the branching-off point for
Interstate 40 and the Research Triangle Park.
However, in order to continue serving well in a time of changing
transportation needs, actions need to be taken. These changing
transportation needs can best be seen through a regional eye.
If, for example, the RDU Airport and the Greensboro Triad Airport
are used as the foci of the Triangle and Triad markets,
respectively, one will find that the Efland/Mebane area is roughly
the mid-point between these two markets. The fact that Efland is
the final point on the combined Interstate 85/40 makes Efland a
natural "gateway" to Research Triangle area. This in fact, is the
community slogan proposed for Efland: "Gateway to the Triangle".
The need to link potential for mass transit throughout the Triangle
(and possibly the Piedmont as a whole) was mentioned by residents
as important to begin planning for today. This effort might begin
28
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as car-pooling with a park-and-ride lot at the Efland interchange,
and lead eventually to a transit stop for Efland as either the
outpost of the RTP area, the mid-point between the Triad and
Triangle centers, or part of a greater Piedmont-wide facility.
On a more local and less abstract scale, residents in Efland have
pointed out the use of Efland-Cedar Grove Road as a "bypass" of
Hillsborough's Churton Street for southbound NC 86 traffic.
Commuters from Danville, Virginia and points south are using this
rural route as a connector through Efland to I-85/40. Finally,
questions regarding the speed limit on US 70 have been raised.
GOAL: PROVIDE ADEQUATE AND APPROPRIATE TRANSPORTATION
Objectives:
1. Encourage the development of car-pooling and a park-and-ride
lot in Efland for residents working outside of the area.
2.. Recognize the strategic location of Efland in future and
existing freeway transportation corridors; lay groundwork
fora future transit stop in Efland as the "Gateway to
the Research Triangle" .
3 . Encourage the creation of bike trails and walking trails in
the community to enhance both nature awareness and
alternative transportation.
4 . Analyze current and projected automobile trips on Efland-
Cedar Grove Road in order to ascertain the appropriate level
of service this road should provide.
5. Examine the current speed limit on U.S. 70 in relation to
the community's transportation and safety needs.
Specific Action Strategies
a. Negotiate an easement for a park-and-ride lot near the
Efland 1-85/40 interchange. Community to encourage car-pooling
to Chapel Hill, Research Triangle Park and Durham.
b. As a long-term strategy, ask Orange County to point out
Efland's key location and potential as future transit outpost
to groups working in transportation planning at the regional
and state level.
C. Ask the County Parks and Recreation and Planning departments
to assist local residents in developing an Efland Open
Space/Walkways Plan that is safety-oriented and would include
sidewalks along roads such as U.S. 70.
29
d., Encourage stricter enforcement of the 45 M.P.H. speed limit
along U.S. 70.
e. Request higher priority on the Priority Paving Schedule for a
number of unpaved secondary roads in the village.
COMMUNITY ISSUE 4: OPEN SPACE
The issue of open space within rural areas evokes different
connotations for different persons. To some, open space means rural
vistas or farmland preserved for aesthetic purposes. For others, it
means wooded land left in its natural state. For still others, open
space is a man-made park, with natural walking trails, a water
feature and recreational facilities interspersed.
Efland residents reflect all of these concepts and more. On this
issue, a consensus on action strategies is difficult. The idea of
a Town . Commons to identify the core of Efland holds favor with
some, while others favor siting a district park like that proposed
by the Master Recreation and Parks. Plan. A system of greenways and
walking trails was also discussed, but this concept seemed to
polarize residents rather than produce a consensus.
With all of these differences, however, residents were able to
agree on general structure of their open space needs. open space
should be protected in a manner not infringing unduly on private
property rights, most citizens agreed. A community campaign to
address appearance problems was also suggested. And citizens felt
that any open space preservation efforts should be in keeping with
the goals of preserving Efland's small-town feel.
The issue of the community park presents some disagreement among
citizens, with concerns being mentioned about possible crime and
safety problems for a proposed site near Efland-Cheeks School. Some
residents have indicated a desire to pursue a recreation facility
near the center of Efland as a Town Commons, instead of a
traditional facility at Efland-Cheeks School.
GOAL: PROTECT OPEN SPACE AND SCENIC AREAS WITHIN EFLAND.
objectives:
1. Pursue a balanced and rational method of protecting open
space (i.e. , ways of preserving scenic places while
respecting private property rights) .
2 . Identify and protect special places of scenic and historic
significance.
3 . Encourage new development to respect the environment in
development practices.
30
4. Conduct a community campaign to clean up unsightly areas in
Efland. Start with local Adopt-a-Highway campaign along US 70.
5. Pursue a Town Commons in central Efland as a gathering place
for social and recreational needs.
6. Use open space and sensitive design to enhance the "small-
town feel" of Efland.
SRecific Action Strategies
a. Develop a community open space plan (as mentioned above) .
b. Set up a means of acquiring conservation easements within
both new developments and existing natural areas.
b. Utilize work in process by the Orange County Planning
Department to identify sites of scenic and historic
significance in Efland.
C. Local civic groups to organize a Clean-Up campaign to Fxwidb
help to neighbors in keeping Efland attractive. Ask Orange
County to participate in areas along McGowan Creek where sewer
construction debris remains.
d. Ask the County to consider apportioning local park funding to
help provide a Town Commons. Use combined public-private
effort to create the commons.
COMMUNITY ISSUE S: APPROPRIATE LAND USE AND ECONOMIC PLANNING
This issue is always a divisive question, especially within Orange
County. It is also a catch-all, encompassing questions of
employment opportunities, incorpoation, and the future character
of the community.
The need for employment opportunities within Efland and northern
Orange has been recognized for years. Outside of the Efland Hosiery
Mill and a few small manufacturing plants, the opportunity for
local employment of any type around Efland is slim. In this effort,
the community agreed that linkages should be pursued with the
Economic Development Commission's efforts to prezone and recruit
employment opportunities for a site just west of Efland. Great
concern exists, however, on the "appropriateness" of any new
employment-generating industry from an environmental and community
character standpoint.
As previously mentioned, the question of incorporation is a theme
that runs throughout all aspects and issues for the community. This
decision will be studied by a group of Efland residents, who will
examine the feasibility of and desire to become a Town. If Efland,
does become a Town, it can create its own land use policy.
31
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GOAL; DEVELOP A GROWTH MANAGEMENT/ECONOMIC DEVELOPMENT POLICY
FOR THE EFLAND COMMUNITY.
OBJECTIVES:
1. Discuss and evaluate the pros/cons of Efland incorporation.
2 . Consider and prezone appropriate areas for commercial and
environmentally-sensitive employment.
3 . Consider the role of public sewer provision, transportation
routes and community character in producing such a policy.
Specific Action Strategies
a. Appoint a steering committee of area residents to study
issue of incorporation.
b. Request Economic Development Commission assistance in
identifying appropriate sites for commercial/light
industrial development. Linkages for transportation between
the village and the industrial area should be coordinated and
comprehensive.
C. Request the County expedite the provision of sewer service to
Phase II customers (or, as Town of Efland, pursue this
matter as a Town service) .
d. Seek meeting with Hillsborough elected officials to
coordinate thoroughfare planning in Efland (currently a part
of Hillsborough Thoroughfare Plan) .
e. Establish an informal local public-private committee to
provide help with funding local needs.
f. Adopt a 20-Year Community Plan.
32
t r ,
B. OTHER LAND USE RECOMMENDATIONS
Many of the specific action strategies recommended in part A of
this section relate to land use issues. However, there are
additional far-reaching recommendations that must be made to
augment and implement these concepts.
Perhaps the most far-reaching of these strategies is one of the
primary issues that runs throughout this report - that of balancing
needed growth in some economic sectors with maintaining the
community character of Efland. These often contradictory goals are
both necessary components of Efland's future.
As mentioned in the Community Character section of this document,
the recommendations contained herein utilize an approach which is
directly reflective of "neotraditional" community planning that is
being used in many villages and towns across the nation where these
two goals are in conflict.
Neotraditional planning attempts to return communities to
traditional design: a town square surrounded by a relatively-high
density area - containing a mix of shopping, services, and
residential units located in such proximity that they are within
walking distance of many residents.
This type of compact community must be linked by a transportation
system that is both motorized, self-propelled vehicular, and
pedestrian oriented. Thus, the existing roadway system that serves
the area adequately is only part of future community needs if this
return to a traditional town plan is to be utilized. Walking paths
should be encouraged within the Community Focus areas (see Proposed
Land Use Plan) . Bike traffic can likewise be accommodated in the
short run by the roadway system, but ultimately bikepaths and
bikeways should be developed.
Fortunately for Efland, the pre-1960 development pattern of the
community could lend itself well to this type of plan. The three
strategic intersections of Efland--Cedar Grove Road/US 70, Mount
Willing Road/Forrest Drive, and to a lesser degree Mount Willing
Road/I-85/40, all serve as focal points for Efland's future growth
and development into a well-rounded community.
For the community of Efland, these three strategic intersections
represent the focus of future community planning. As such, each of
these Community Foci are the areas within which efforts should be
coordinated on providing pedestrian-scale mixed uses to augment and
foster the future of Efland as a viable community.
In order to facilitate this approach, an upzoning in these
Community Foci will be needed. Higher density residential
development is not often well-received for fear of perceived
affects on property values. However, proper design standards and
33
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open space can mitigate or reverse this concern. It is impossible
for Efland to utilize neotraditional approaches without residential
and non-residential upzonings being allowed and encouraged within
the core of Efland.
In addition, needed services and retail establishments (with design
guidelines to ensure off-street parking and other standards) will
need to be allowed within the core of Efland. Rezonings will also
be necessary for non-residential purposes. However, the use of
urban-style design standards should be utilized to achieve the
desired aesthetic and economic goals of revitalizing and developing
"downtown" Efland.
These activities might prove to be difficult or unpopular under
existing zoning. in order to achieve the type of community-specific
standards needed in Efland, the creation of an Efland village
Overlay District might be warranted. Within this district,. a mix of
residential and commercial establishments would be permitted with
flexibility as to location - allowing the market to select where
within the community focus these uses will locate. This flexibility
and relaxation of land use regulation would be offset by stricter
design standards to ensure that such services and development does
not undermine the character of the community but enhance it. To
implement these objectives, Phase II of Efland sewer becomes the
critical operating factor.
Important also is the effort to provide employment opportunities to
Efland and northern Orange residents in the Cheeks Activity Node
southwest of Efland. Beyond the concern over siting appropriate and
environmentally-sensitive industry in this protected watershed is
the question of how this area should be linked with Efland. Since
both are within the same drainage basin and potential service area,
physical links already exist. The pursuit of Efland as a
neotraditional community necessitates tying the employment area of
Cheeks to the residential/mixed use community of Efland through
vehicular and pedestrian-scale routes. One possibility might be a
trail/bikeway, if it could be designed with safety concerns.
From a visual resource standpoint, the Efland Overlay District
might again provide specific standards different from the "generic"
road buffers and setbacks used in the remainder of Orange County.
There is a significant difference between standards needed in rural
Orange and that for a village like Efland.
The gateway vistas into Efland on US 70 westbound and Efland-Cedar
Grove Road southbound are as significant and scenic as the views
into any other community in the county. The preservation of certain
facets at least of these vistas would be beneficial to the area.
Without the use of tools such as Transfer of Development Rights,
the recommended means of securing these visual resources is the
outright purchase of development rights or the purchase of
conservation easements. These visual resources will also serve an
34
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important growth management tool in the future as a clearly defined
buffer between Efland and the water supplies on the Eno River and
Hillsborough beyond.
C. PROPOSED LAND USE PLAN
As outlined in Section I (B) of this study, the Efland area is
under the jurisdiction of Orange County as an unincorporated
village.
As such the Land Use-Element -of the Orange County Com rehensive
Plan, adopted in 1981, contains land use policies and goals for the
county as a whole, with individual Township components.
The vast majority of Efland is designated on the Land Use Element
as Ten and Twenty Year Transition, a category that is applied to
land in conversion from rural to suburban or urban uses, that are
suitable for urban-type densities and will therefore be provided
with public utilities and services with the 20--year plan period.
In addition, portions of Efland are recognized as a Commercial
Activity Node, which means that the transition to urban uses can
include residential and non-residential development.
Although these categories do not truly represent the Efland
situation, it is the closest match an unincorporated village would
have on the rural-oriented county plan.
A portion of Efland (about 1/5 of the community to the east and
south) is not designated transition because of its proximity in
regard to the Upper Eno water supplies. This area is designated
Agricultural-Residential, with an additional overlay category of
Water Quality Critical Area. In general, these categories mean that
development must be of low-density and require special protection
measures regulating land uses and ground coverage, among others.
The recommendations of the Efland Area Study, as discussed in the
previous section, would not alter the current land use plan
categories. The primary change would come in the re-definition of
the existing Commercial/Industrial Node to reflect the service and
market areas of the Community Foci - centered around three
strategic intersections: Efland-Cedar Grove Road and US 70, Mount
Willing Road and Forrest Drive, and the I-85/40 interchange at
Mount Willing Road. A one-quarter mile radius around these three
locations would be the extent of the node, with the remainder of
the community outside of water quality areas being designated Ten
or Twenty Year Transition.
The Proposed Land Use Plan (Map 9) shows the strategic importance
of the three intersections that comprise the core or foci of
Efland.
35
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V dia.
a EFLAND AREA STUDY
W LEBANON RD. 6 8 MAP 9 - PROPOSED LAND USE PLAN
A E, COMMUNITY FOCUS
4,j �4N O 1'306 MODERATE INTENSITY
�� LOW INTENSITY
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Within these three foci, currently undeveloped land identified on
the environmental scan can be considered for the communities
expressed need. Although the market should have flexibility in
selecting sites, this could be better facilitated through direction
provided by the community in the form of a Proposed Land Use Plan.
CONCLUSION
Efland is a diverse community of 700 residents that has remained to
this date relatively consistent - retaining its traditional
development pattern from the 1880's-1950's while many other
communities completely lost their character.
Given the expressed desires of community residents to retain and
rebuild their community's character, this is fortunate indeed.
A number of recommendations are provided in the text of this
document. Some are quite simple and easy to implement, while others
are far-reaching and require further careful consideration.
The construction of Interstate 40 and its proximity to the Research
Triangle Park offers both a promise and problem for the village of
Efland in the next 20 years.
As a community, Efland can be expected to feel significant
development pressure from this new transportation factor at the
next significant upturn of the business cycle. The potential for
creation of new industrial opportunities in and around Efland will
surely be enhanced. Spinoff commercial and residential development
could certainly be a by-product of these pressures. These
opportunities could help achieve some of the community's goals in
the areas of diversification and employment opportunities.
At the same time, however, these pressures will present difficult
choices for policy makers. Some of these potential changes, if
pursued indiscriminately and without adequate design standards,
could alter and harm the important community character of Efland
forever.
It is the purpose of this study to focus attention on the critical
future issues and decisions. Used as a guide, the Efland Area Study
should help facilitate sound policy choices for the community and
county as a whole as the area approaches the 21st century.
37
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APPENDI:ti
QUESTIONNAIRE RESULTS
TOTAL QUESTIONNAIRES REC'D: 80 (Response rate: 30-40% ! )
DEAR RESIDENTS OF THE EFLAND AREA:
Please take a few minutes to let us know what you think about the
issues: shown below. . You do. not need to sign your name.
PLEASE 1) FILL OUT TONIGHT, OR
2) MAIL OR DROP OFF TO ORANGE COUNTY PLANNING DEPT.
PO BOX 8181 (306 REVERE ROAD)
HILLSBOROUGH, NC 27278
1 . How long have you lived in Efland?
5 Less than 2 years 8 10-20 years
18 2-10 years 46 20 years +
2 . How would you describe the community of Efland?
5 Crossroads 14 Farm community
63 Rural village 1 Suburb of Hillsborough/Mebane
3 . Please name at least three locations that best typify the
Efland community? (old buildings, homes, churches, etc . )
TOP THREE: Red and White store
Efland Methodist Church
Efland Mill
4 . When you are driving home from somewhere else, at what point
along the road do you feel you have entered Efland?
TOP ANSWERS: West -- Efland School, East -Lloyd Farm, Eno
River, South - I-85, North - McGowan Creek.
5 . what do you think is unique about Efland - what does it have
(or not have) that Hillsborough and Mebane do (or don't) ?
TOP ANSWERS: peace and quiet, close community, small, the
people.
6 . What type of services do you have to go elsewhere for
because they are not available in Efland?
TOP ANSWERS: Doctor, Banking, Shopping, Restaurants
7 . When you go to the Post Office in Efland, do you walk - or
drive on your way to somewhere else?
9 Walk 44 Drive on way to somewhere else
A-1
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8 . When you buy groceries , do you shop in Efland?
44 Yes 2 No 30 Occasionally
9 . If you do buy groceries in Efland, do you walk or drive?
11 Walk 64 Drive
1o . If the following were available within 1/4-mile of your
house, which would you walk to, rather than drive?
38 Recreation facilities
29 Shopping areas
23 Barber shop/Hair salon
25 Place of work
29 Church/School
29 Branch Bank
21 Physician' s Office
11 . Do you think. Efland is currently an attractive community?
63 Yes 10 No
What is the most attractive place? Efland Mill, Sim' s
pasture
Least attractive place? Abandoned service station
12 . Please name at least three places in and around Efland that
you consider " scenic" .
1. TOP 3 : The Eno River
2 . Lloyd' s pasture
3 . Sim Efland farm, Efland-CG Road
13 . Do you think it is important to protect these scenic areas?
54 Yes 9 No
14 . What is the major appearance problem in Efland?
20 Junk cars 28 Other
25 Litter 14 No appearance problems
4 Signs
15 . Are the roadways attractive as you enter the Efland area?
54 Yes 20 No
A-2
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16 . How would you rate your current services, such as water and
sewer, sheriff protection and fire protection?
26 Excellent
36 Good
9 Fair
3 Poor
1 No opinion
1 Don't know
17 . How would you feel about having sidewalks on the main
streets/roads in Efland?
24 Would strongly like
12 Would like somewhat
11 Undecided
9 Would dislike somewhat
18 Would strongly dislike
18 . If there was a small park-like "Town Square" in Efland,
do you think it would be used? 55 Yes 16 No
If so, for what activities might it be used?
TOP 3 : Picnics, Sports, Drugs
19 . Over time, should Efland:
36 Become a Town (like Hillsborough or Mebane) ?
41 Stay unincorporated (as it is now) ?
0 Become part of Hillsborough or Mebane?
20 . Please rank the following ( 1 through 5 ) , with 1 being the
most critical issue to the future of Efland and 5 being the
least critical .
3 Building new residences
4 Building new roads in Efland
2 Preserving Open Space in the area
*1 Keeping a "small-village" feel
5 Building new shopping areas
21 . How do you feel about residences and stores being located
next to each other?
10 Like strongly
19 Like somewhat
14 Don't know
20 Dislike somewhat
12 Dislike strongly
A-3
22 . If you could see Efland in 20 years , what about the current
appearance of Efland would you still hope to see?
TOP ANSWERS: small community, churches, space
What would you hope would have changed?
TOP ANSWERS: nothing, public services, attractiveness of
property
23,. What is you age group?
1 Less than 16
8 16-25 years
9 26-35 years
19 36-45 years
15 46-55 years
12 56-65 years
12 65 years and over
24 . Are you male or female?
39 Male 37 Female
25 . What is your level of education?
4 Some High School
22 High School graduate
16 Some college
27 College graduate
7 Post-college graduate
26 . How far are you from your place of work?
21 Less than 2 miles
15 2-5 miles
10 5-10 miles
22 More than 10 miles
27 . How important do you feel the railroad is to 'Efland?
28 very important
11 Somewhat important
17 Don't know
7 Somewhat unimportant
13 Very unimportant
THANK YOU VERY MUCH FOR YOUR TIME AND INTEREST! ! !
Please contact the County Planning Department (732-8181 or 229-
2031, Extension 2590 or 2580) if you have comments or further
information regarding these questions.
A-4
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APPENDIX $
SUMMARY OF EFLAND QUESTIONNAIRE RESPONSES
NOTES : Response rate was greater than 32%, which is much
higher than average. Actual rate of response probably
higher, given survey techniques .
THE RESPONDENTS
The vast majority of those responding have lived in Efland for at
least 20 years. A significant number have lived there 2-10 years .
3/4 of the persons participating were age 36 or above.
An equal response rate by sex was seen: 51% male, 49% female.
The vast majority of those responding had between 12 and 16 years
of education (high school graduate to college graduate) .
Many Efland citizens work in different areas . A significant number
of persons responded that they lived anywhere from a half-mile to
25 miles from work. Most were either within 2 miles or more than 10
miles away.
BOUNDARY OF EFLAND
Although there were a number of different responses , a clear
picture of what Efland residents consider to be the boundaries
emerged from the survey - especially on the north and south. On the
south, I-85 was far and away the boundary chosen. On the north,
McGowan Creek was the clear winner.
Although there were different responses, most residents felt that
the Efland/Cheeks School was the boundary on the west, although a
significant number of residents chose the Buckhorn Road area. On
the east, the responses were almost equal between the Lloyd Farm
and the Eno River as the eastern boundary of Efland.
EFLAND'S CHARACTER
Most residents consider Efland a rural village. They value the
peace and quiet, close sense of community and small village feel as
uniquely "Efland" . Places like Liner' s Red and White, the Methodist
Church and the Eland Mill were considered good examples of
Eland's community character.
The two most critical issues listed for Efland' s future were
keeping a small-town feel and preserving open space.
When asked about Efland' s future status as a community, an almost
equal number responded that they would either like to keep Efland
unincorporated, or become a Town on its own. No persons favored
being annexed by Hillsborough or Mebane.
B-1
Most residents felt that the railroad was still a very important
part of Efland, although there were, some differing opinions .
SERVICES
The three services that residents must most often go elsewhere for
are doctors, banking needs and eating places. A large number of
residents , however, do their grocery shopping in Efland.
Most persons drive rather than to places like the local store or
Post Office, although a large number of persons stated that they
would walk to certain services if they were located within 1/4-mile
of their home.
Most' residents surveyed responded that they were pleased with
services such as police and fire protection, water and sewer. There
were a number of comments regarding the sewer system, however. Most
persons responding liked the idea of sidewalks; although a large
number disliked the idea. '
The vast majority of persons felt that a Town Commons" park would
be used. The leading uses were picnics and sports, although some
respondents expressed concerns about use of such a park for drugs
and drinking. Respondents weren't sure overall what they thought of
stores and residences adjacent to one another.
APPEARANCE-RELATED ISSUES
The Efland residents who responded felt their community is an
attractive place. Places like the Eno River, the Lloyd and Sim
Efland farms , and Efland-Cedar Grove Road were considered most
scenic. A vast majority of the persons responding agreed that it
was important to protect scenic areas in the community.
The most pressing appearance problems indicated were junk cars,
litter and a variety of other items .
When asked what they would like to see in Efland 20 years from now,
residents indicated they would want to still see a small community,
with churches and open space. Most hoped that nothing would have
changed, except some respondents who indicated more public services
would be desirable.
CONCLUSION
From this survey emerges a clear picture of what Efland residents
think of their community. They have a strong sense of community -
a small--village atmosphere. Efland residents have a to of yr deain
where they live, they like their village 's appearance
character. They want to, keep that unigui feel, and do not want
annexation by adjacent communities . They might want to become a
Town of their own. Preserving open space and scenic sites are is
important. They have a need for certain services, and would like to
see services in close proximity and a town square park.
B-2
APPENDIX C
EFLAND FACT SHEET
AREA: 925 acres (1450)
POPULATION: 686 (1067)
PRINCIPAL ROADS: US 70, Brookhollow Road, Efland - Cedar Grove
Road, Richmond Road
Facts about Efland as defined thru survey)
Efland contains 2 . 8% of the land area of Cheeks Township.
The population density of Efland is 465 persons per square
mile, which is a low to moderate suburban density.
Efland is shown on County plans as becoming urban/suburban
in character and is designated Ten and Twenty Year
Transition for immediate and near-future residential
development at urban/suburban densities . The "heart" of
Efland contains a Commercial Node for future service needs .
Efland is a community which has grown up around the presence
of the railroad. The Southern Railway runs through the
middle of the area. The community was "founded" circa 1880
largely as an important stop for tobacco and other
agricultural products between major tobacco centers in
Durham and Winston.
Areas due south and west of Efland (the I-85/Buckhorn Road
interchange and the US-70/Buckhorn Road intersection) are
suitable for some commercial and industrial uses. These
areas are referenced as the Efland Center, Miles South and
Miles North Commercial Industrial Transition Activity
Nodes in the County Land Use Plan.
Efland is located within two branches of the Upper Eno
Watershed, which provides water to Mebane and Mebane/Efland.
The area north of the railroad (US 70, McGowan Creek) drains
largely into McGowan Creek before entering the Eno River and
Lake Ben Johnson. The potential Eno River reservoir (not
planned at this time) would also be downstream of this part of
Efland.
The area south of the railroad drains mainly into the Seven-
Mile Creek basin, which is planned for a future reservoir at
this time. Therefore, the entirety of Efland is within a
"protected watershed" .
Only a small part of Efland is within the "Water Quality
Critical Area" - which requires special protection measures
such as larger lots and limits on ground coverage.
C-1
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Medium and higher-intensity commercial and industrial
development, that would be most appropriately served by a
water and sewer system, would be located within the US-70/1-85
corridor south and west of the Efland community to the
extraterritorial planning jurisdiction of Mebane .
The area contains a number of cultural and historic laces of
significance. These are characterized by
worship, among those the Efland Baptist Church, the Efland-
United Methodist Church, the Efland Presbyterian Church,
Gaines Chapel A a has its own community Holiness
school - Efland/Cheeks
land/Cheeks
Temple. The area i
Elementary, and is als o served by JOCCA (Joint Orange-Chatham
Community Action) •
The Efland community is served, "to some extent, by the
Orange-Alamance Water System, and is provided limited sewer
service through orange County.
Efland is surrounded on the north, south and east by
agricultural land uses , with more suburban land uses to the
west (toward Mebane) .
Buckhorn Road and Frasier Road is the ridge line between two
major river basins - the Cape Fear Rive= basin and the Neuse
F east of that ridge ) drains into
River basin. The Efland Area ( F Pazr_ico
the Eno and then the Neuse Rivers before ente-�ng
Sound at New Bern. The area west of 3uckharn Road (toward and
including Mebane) drains into Back Creek, before enter-ng the
Haw River and ultimately the Cape Fear River which enters the
Atlantic ocean just south of Wilmington.
A community park is planned for the Efland Cheeks School
}o Parks and Recreation Plan.
vicinity an ne County
db/ds
08/17/90
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O R A N G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25 1991
Action Agenda
Item #
SUBJECT: ZONING ORDINANCE TEXT
ARTICLE 8.8. 6 GOLF DRIVING AND PRACTICE RANGE
ARTICLE 4 . 3 PERMITTED USE TABLE
DEPARTMENT: PLANNING PUBLIC HEARING —x—Yes No
ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk
Extension 2582
Proposed Amendment
Applicant's Letter
Related Information TELEPHONE NUMBERS:
Hillsborough -- 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive public comment on a proposed Zoning
Ordinance amendment to add a new section addressing
Golf Driving and Practice Ranges as Class B Special
Uses in the Agricultural Residential (AR) and Rural
Residential (R-1) zones.
BACKGROUND: Mr. John T. Bradshaw has requested that Golf Driving
and Practice Ranges be permitted uses in the
Agricultural Residential (AR) and Rural Residential
(R-1) zoning districts. These ranges are currently
considered as Recreational Facilities for profit and
are permitted uses in the Community Commercial (CC-3) ,
General Commercial (GC-4) and Industrial-1 (I-1)
zones. Although Golf Driving and Practice Ranges may
be appropriate in low density residential areas,
special conditions should be attached which allow for
minimum disturbance in residential areas. This
amendment would specifically set up a Golf Driving and
Practice Range as a Class B Special Use Permit and
provide specific standards that would apply in
Agricultural Residential (AR) and Rural Residential
(R-1) zones.
RECOMMENDATION: The Planning Staff recommends approval of the proposed
amendment.
i �.�
PROPOSED ORDINANCE AMENDMENT 21 1 1-
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 8.8. 6
Article 4. 3 Permitted Use Table
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC x Public
Other:
STAFF PRIORITY RECOMMENDATION: High Middle x Low
Comment: — `
EXPECTED PUBLIC HEARING DATE: February 25, 1991
PURPOSE OF AMENDMENT:
To add a new section addressing Golf Driving and Practice
Ranges to the Zoning Ordinance. Golf Driving and Practice
Ranges would be classified as a Class B Special Use in the
Agricultural Residential (AR) and Rural Residential (R-1)
zones. They would be permitted uses in the Community
Commercial (CC-3) , General Commercial (GC-4) , and Industrial-
1 (I-1) zones.
IMPACTS/ISSUES:
Golf Driving and Practice Ranges are currently considered as
Recreational Facilities for profit and are permitted uses in
the Community Commercial (CC-3) , General Commercial (GC-4)
and Industrial-1 (I-1) zones. Mr. ,john T. Bradshaw has
requested that these ranges be permitted in the AR and R-1
residential districts. These ranges may be appropriate in
low density residential areas, however, special conditions
should be attached which allow for minimum disturbance in
residential areas. A 50 foot buffer around the perimeter of
the property will provide a necessary screen from adjacent
residential properties. The large amount of land required,
buffer, and review by the Recreation and Parks Director will
adequately provide for traffic, orientation, and screening
around the parking. This amendment would specifically set up
a Golf Driving and Practice Range as a Class B Special Use
Permit and provide specific standards that would apply in
Agricultural Residential (AR) and Rural Residential (R-1)
zones.
EXISTING ORDINANCE PROVISIONS:
Article 8.8. 6 - RESERVED
PROPOSED AMENDMENT:
8.8.6 Golf Driving and Practice Range Class B Special Use
8.8. 6.1 Additional Information
3
In addition to the information required by Subsection 8.2 and
8.8, the following shall be submitted as part of the
application:
a) A site plan showing all existing or proposed buildings,
tee areas, lawn areas, distances to nearest residential
structures, and all other requirements as indicated in
Subsection 14 .2 .
b) Access road(s) to the site, as well as on-site parking
and roads, with an indication of type of proposed
surface.
8.8.6.2 Standards of Evaluation
The following specific standards shall be used in deciding on
an application for this use:
a) Unless public sewer is proposed to be extended, the
adequacy for the method of sewage disposal will be
determined by the lot size and soil suitability.
Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State
Division of Environmental Management shall be submitted
to indicate preliminary approval.
b) The landscape plan shall show how the facilities will be
screened from the adjacent properties. A Type D 50 -foot
buffer, as indicated in Section 12. 6. 1, shall be
observed around the perimeter of the property.
c) The site plan, as required in Section 8.8„ shall be
reviewed by the Orange County Recreation and Parks
Director.
d) The depth of a range along the driving axis shall be, not
less than three hundred fifty (350) yards measured from
the locations of the tees and the breadth not less than
two hundred (200) yards at a distance of three hundred
fifty (350) yards from the tees.
e) one parking space per tee and one parking space per
employee shall be provided.
f) on ranges that provide lighting, the lighting shall be
located/angled/shielded so as not to cast direct
lighting on adjacent properties.
g) Service to customers shall be halted and floodlights
extinguished no later than 11: 00 p.m.
ORDINANCE REVIEW SUBCOMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW:
r ,
John T. Bradshaw 4
2227 Wildcat Creek Road
Chapel Hill, North Carolina 27516
(919) 9294903
January 4, 1991
SUBJECT: Orange County Zoning Ordinance Table 4.3
TO: Orange County Planning & Zoning Board
I respectfully request a review and revision of Orange County Zoning
Ordinance Table 4.3 concerning golf courses to permit driving and practice
ranges in AR & R1 residential areas.
Recreational practice ranges provide an outlet for those persons wishing to
improve skills but who may have limited weekly hours to devote to a full
round or game. They are best located in proximity to residential areas and
are low traffic generators so as not to interfere with pattern or flow of
local traffic.
The open acreage required for such an endeavor is found in AR areas and one
of the best applications for open space conservation is a well manicured driving
and practice range.
These additions to Table 4.3 are needed to obtain an additional dimension in
recreation in our county.
Sincerely Yours,
I am
/1
� John T. Bradshaw
5
t
Information on Golf Driving Ranges
from the Recreation, Park and open Space Standards
and Guidelines by the
National Recreation and Park Association
Recommended Space Requirements -
13 . 5 ac. of minimum 25 tees
Recommended Size and Dimensions -
900' x 690 ' wide, add 12 ' width for each additional tee
Recommended Orientation -
Long axis southwest - northeast with golfer driving
toward northeast
No. of Units per Population -
1 per 50,000
Service Radius --
30 minutes travel time
Location Notes -
Part of Golf Course Complex or as a separate unit, may
be privately operated
Buffer Requirements from Other Jurisdictions
Wake County - 50' buffer on sides and rear around
residential areas. Type A screen, opaque
from ground to ten feet, intermittent
visual obstructions to 20 feet.
Durham County - 50 ' vegetated buffer if it is next to a
residentially zoned or used property.
Winston Salem/
Forsyth County - 15' wide buffer next to residential
property, 17 evergreens and 2 deciduous
every. 100 feet.
Chatham County - No buffer standards.
Alamance County - No buffer standards.
Guilford County - 25' wide landscaped buffer next to single
family residential property.
O RANG E C O II N T Y
1 � 1
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25 1991
Action Agenda
Item C.4.
SUBJECT: EROSION CONTROL ORDINANCE TEXT AMENDMENTS
DEPARTMENT: PLANNING PUBLIC HEARING —x—Yes No
ATTACHMENT(S) : INFORMATION CONTACT:
Warren Faircloth
Proposed Amendments Extension 2586
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comment on proposed amendments to
the Erosion Control Ordinance.
BACKGROUND: The North Carolina Sedimentation Control Commission
allows local governments to enforce their own erosion
control programs under certain conditions. One of the
conditions is that the local ordinance conform to the
Commissions Model Ordinance. The Model Ordinance was
revised by the Commission in 1990, and the majority of
the proposed amendments are for updating the County's
Ordinance so that it conforms with the Model.
Additional amendments are proposed by staff and are
noted as such in the commentary.
The amendments will also be made to the Chapel Hill
Erosion Control Ordinance which is administered by the
County staff.
RECOMMENDATION: The Erosion Control staff recommends that the proposed
amendments be approved and sent to the North Carolina
Sedimentation Control Commission for their
consideration and approval.
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE: Erosion Control Ordinance
REFERENCE: Sections 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 19, 21,
22, and 26
ORIGIN OF AMENDMENT: X Staff Planning Board
BOCC Public
X Other: N.C. Sedimentation Control
Commission
STAFF PRIORITY RECOMMENDATION: X High Middle Low
PURPOSE OF AMENDMENTS:
To update the Ordinance so that it conforms with the State's Model
Ordinance, to improve enforcement and administration, and to
improve the readability of the Ordinance.
IMPACTS/ISSUES:
The amendments necessary to conform to the State's Model Ordinance:
add definitions; require increased protection for High Quality
Waters; allow enforcement action against forestry activity; allow
consideration of an applicant's past performance in granting
erosion control plan approval; increase the penalty for violations
from $100 to $500 per day; and make other administrative changes.
Amendments proposed by staff: add headings to the text, a table of
contents, and an index to improve readability; clarify the
jurisdictional boundaries; add a basic control objective so that
site designs are compatible with erosion control standards; clarify
the imposition of conditions of approval to erosion control plans;
and make minor administrative changes.
More detailed explanations of these changes are included in the
text of the proposed amendments and the accompanying commentaries.
EXISTING AND PROPOSED ORDINANCE PROVISIONS:
Refer to the attached amendments and commentaries.
PLANNING BOARD REVIEW: January 28, 1991
BOCC REVIEW:
Amendments to the Orange County i
Soil Erosion and Sedimentation Control Ordinance
Notes: The underlined text will be added to the Ordinances and the crossed-through text deleted.
Most of these amendments are required by the North Carolina Sedimentation Control
Commission for the Ordinances to comply with the State's Model Ordinance. Other
amendments not required by the State are noted in the commentary as being proposed by
the staff.
All Sections of the Ordinance
The subheadings underlined and in this font shown in the following amendments will be added and others,
not shown in this document, will be added throughout the Ordinances to improve readability. Every example
of these headings is not included in these amendments because they do not change the Ordinance.
Section 3 Definitions
Completion of Construction or Development:means that no further land-disturbing activity,+,is required on a
phase of a proiect except that which is necessary for establishing a permaneLt ground cover.
COMAff TARY.- This definition will be added to the Ordinance.
Department: means the North Carolina Department of
Environment. Health, and Natural Resources.
COMMENTARY. TIZe name of this State agency has been changed.
Discharge Point: means that point or points_at which runoff leaves a tract of land.
COJOWMARY.• This definition will be added to the Ordinance.
High Quality Waters: means those classified_as such_in IM NCAC 2B.0101(e)(5) General Procedures,
which is incomorated herein by reference_ to include further_ amendments pursuant to G.S. 150B-14(c).
Explanatory Note: The complete official definition of High Quality Waters is contained in 15A NCAC
2B.0101(e) (5) - General Procedures. In general. High Quality Waters are defined by the Division of
Environmental Management as those waters which are: those rated as excellent based on biological and
physical/chemical characteristics: native trout waters: primary or functional nurserLareas, critical habitat
areas: all water sunnly watersheds which are either classified as WS-I or WS-11 or those for which a
formal petition for reclassification as WS-I or WS-II has been received by the Division of Environmental
Management: and all Class SA (shellfish) waters.
COMMENTARY.- This definition along with the note will be added to the Ordinance.
High Oualily Water (HOW) zones: means areas in the Coastal Counties that are within 575 feet of High
Quality Waters. and for the remainder of the state areas that are within one mile and drain to HQW's.
COMMENTARY.• High Quality Waters in Orange County are University Lake (WS-I) and Cane Creek(W5-
I) watersheds and the North and South Forks of the Little River (proposed WS-I) because of their water
supply watershed classifications. Seven Mile Creek would become an HQW if the requested change to its
classification is approved by the State.
Local Government:means any county, incorporated village, town or city, or any combination of counties,
1 1-15-91
incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this s
Article the Act. 1 .�. J
COMMENTARY.- This change corrects the reference to the Act, the N. C. Sedimentation Pollution Control
Act of 1973.
Section 4 Jurisdiction Ssepe and Effect
COMMENTARY.- The title of this section is changed for the addition of the jurisdiction (see below) and
"Scope"is deleted in this section and added to Section 4 below.
Jurisdiction
This ordinance shall a ly within Orange County, including the municipgities o Carrbo Mills—borough—, and
the R2rti2n of Mebane within Oran a County—but excluding the munici al boundaries and planning
extraterritorial limits of Chapel Hill
CObATSNTARY This change is proposed by the staff. T his statement is added to clearly spec yy where the
County's and Chapel Hill's ordinances apply so there is no confusion over jurisdiction. Chapel Hill's
ordinance will state 'within the Town of Chapel Hill and its extraterritorial jurisdiction."
Effect
It shall be unlawful, within the jurisdiction of this Ordinance, to engage in land-disturbing activity,except as
provided herein, without first obtaining a permit as required by this Ordinance and without complying with
the conditions of the issuance of said permit.
Conflicts and duplications among portions of this Ordinance shall be resolved in favor of the more stringent
regulation.
Whenever conflicts exist between federal, state or local laws, ordinances, or rules, the more restrictive
provision shall apply.
Section 5 Scope and Exclusions (County-wide)
b. Forestland
Those undertaken on forestland for the production and harvesting of timber and timber products and
which are conducted in accordance with Forest Practice 9gidelines Related to Water Q—uaILq t
management ractices as ift ted by the a t- If land-disturber activi undertaken on forestland
for the reduction and harvesting of timber and ber roducts is not conducted in accordance with
Forest active Guidelines elated to Water ualitv. the vis' ns of this ordinance shall-oply to such
Astivily and an related 1 -disturbing activi on the tract: and
COMMEAIrMY.• This amendment allows exceptions to the forestry exclusion where the landowner fails to
implement best management practices to prevent erosion and off site sedimentation, protect streams,and stabilize
disturbed areas. Enforcement action can be taken against these sites when voluntary compliance with the
standards does not occur.
d. State Jurisdiction
Those land-disturbing activities over which the State by statute (-G—S. 113_A-56M has exclusive regulatory.
jurisdiction, which are activities:
(1) Conducted by the State,
(2) Conducted by the United States,
(3) Conducted by persons having the power of eminent domain,
2 1-15-91
4 Conducted by local govermments,
(5) Funded in whole or in part by the State or the United States.
COMMENTARY.• This change is proposed by the staff. The reference to the specific statute will be added.
Section 7 Basic Control Objectives
sedimmWim control plan are . An Erosion and Sedimentation Control Plan may_be disapproved pursuant
to Section 18 of this ordinance if the glan fails to address the followin control-objectives:
COHMENTARD This amendment to the first paragraph in this section will make it clear that plan
approval can be denied if the objectives in Section 7 are not met.
b Plan for Erosion Cont—ml - Design the develo meat and gMpare the site plan so that the necessa
sediment-=ping devices and erosion control measures can be accommodated and are accessible for
maintenance and removal. Observe the r uirements and standards in Oran a Coun 's Soil Erosion and
Sediment Control Manual.
COMMENTARY- This is an amen&nent proposed by the staff`. The purpose is to ensure that erosion control
is considered and incorporated into the site design during the early stages of planning the development and not
left as an afterthought. A plan can be denied when erosion control standards cannot be met because of a
conflict with the site design. This paragraph will be inserted in the text and the letters of the following paragraphs
adjusted.
Section 8 Mandatory Design and Performance Standards for
Land-Disturbing Activity
No land-disturbing activity subject to the control of this ordinance shall be undertaken except in accordance
with the following mandatory standards:
a. Buffer Zone
?fo land disturbing wtivity shaff be permitted in proximity to a take at nahnal watercourse unless a
buffer zone is piovided aieng the n2igin of the watereourse of sufficient width to eonfm visible si4tation
&at this mbnetiou shall not a*y to land disturbing activity in em2neation with the eenstrwtien a
facilities to be lo=ted on, ever, or mdet it bim at nattual wateramrser
1. No land-disturbing Lgfiviij during nods of construction or rovement to land shall be germi tted
M Rroximily to a lake or, natural watercourse unless a buff" zone is rovided along the mar in of
the watercourse of sufficient width to confine visible silts 'on within the twee -five Rercent 25%
of the buffer zone n the land isturbin activi . Waters that hav been classified as trout
w tens by the Environmental Management Commission- shall have An undisturbed buffer zone 25
feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of
the buffer zone nearest the land-disturbing activity.whichever is greater. Provided however, that
the County may anDrove Rlans which include land-disturbing activily alone trout waters when the
duration of said disturbance would be temporary and the extent of said disturbance would be
minimal. This subdivision shall n t Boll to a-land-disturbing activily in gogunection with the
construction of facilities to be located on over, o er a lake or natural watercourse.
2. The 25 foot minimum width for an undisturbed buffer zane ad' t to desi ted trout wat shall
be measured horizontally from the Wg of the %nk
3. Where a tem ra and minimal disturbance is Rgrmi tted as an exception by Section 8 a 1 of
3 1-15-41
this ordinance land-disturbing activities in the buffer zone ad'acent to Lhg&ignited trout waters shall
be limited to a maximum of 109'0 of the total-length of the buffer zone within the tract to be
distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear feet
of bu er zone. Urger areas may be disturbed with the written 1ppMvaj of the Director of the
Division of Land Resources of the De artment of Environment Health and Natural Resources.
4. No land-disturbing activity shall be undertaken within a buffer zone ad'aMt to designated trout
waters that will cause adverse tempSrature fluctuations as set forth in 15 NCAC 2B.0211 Fresh
Su ace Water Classification and Standards in these waters.
COMMEIIRARY.• The buffer requirement has been revised and strengthened for trout waters. There are no trout
waters in Orange County; however, according to the staff of the Sedimentation Control Commission, the
references must be included for the Ordinance to conform to the State's Model.
c. Ground Cover
Whenever land-disturbing activity is undertaken on a tract comprising more than 20,000 square feet, if
more than 20,000contiguous square feet are uncovered, the person conducting the land disturbing activity
shall install such sedimentation and erosion control devices and practices as are sufficient to retain the
sediment generated by the land-disturbing activity within the boundaries of the tract during construction
upon and development of said tract, and shall plant or otherwise provide a permanent ground cover
sufficient to restrain erosion after completion of construction or development. Exce2t as-provided in
Section $ d 2 e of this ordinance provisions fora gnaund cover sufficient to restrain erosion must
be accomplished within 30 working days or 120 calendar days, whichever period is shorter, following
completion of construction or development.
COMMENTARY- This change highlights the exception in the amendment to 8 (d) (2) (e) requiring faster
stabilization in High Quality Water zones.
d. Design and Performance of Control Measures
1. EXC221 as Xrovided in Section $ ,,-,2 of this Ordinance and in the standard for sediment
nds in the Soil Erosion and Sediment Control Magnual rosi and sedimentation control
measures structures and devices shall be so planned, desi ed and constructed as to provide
protection from accelerated erosion and sedimentation from the calculated maximum peak rates of
runoff from the ten-vest freau2gcy storm. Runoff rates shall be calculated using the procedures
in the USDA Soil Conservation Services National Engineering Field Manual for Conservation
Practices,or other calculation procedures acceptable to the Erosion Control Officer.
2. In High QxPlity water zones the folio des' standards shall a 1 :
a. Uncovered areas in H W zo es shall be limited at an 'me to a im total area of 20
acres Mjthin the boundaries of the tract,-QnLy the on of the land-disturb' activ' wi
a HOW zone shall be overned b this section, LAMer areas ma be uncovered within the
ands 'es of the tract with the written approvid of the Director of the Division of Land
Resources of the Department of EnviMaMt. Health and Natural esources.
b. rosion and sedimentation control measures structures and devices within HOW zones shall
be so planned, designed, and constructed to nrovik mtection from the runoff of the 25-
ear storm which roduces the maximum pak rate of runoff. The-Rak rate of runoff shall
be calculated according to Rmpedures in the United States DMEgMa t of A culture Soil
Conservation Service's National En ineerin geld Manual for Conservation PractiM or
according-to RmL4dures adopted b X any other ggency agency of gpLs state or the United States or
any generally M903•zed organization or association.
L. Sediment ponds also called "sediment basins" within HOW zones §Wl be desigged and
constructed such that the ILond will have a %ttling_.qfficjNgy o at least 70 for the 40
rQjcW 0.04 mm size soil Rygicl e trap rted into the basin hI the off of that.2-year
storm which produces the maximum Rgak rate of runoff. The RMk rate of runoff shall be
4 1-15-91
calculated. according to procedures-10 the United States D artment of Agdculture Soil
Conservation Service's National En neering Field Manual for Conservation Practices or
according to Rrocedures ado ted -bL any other a Mc of s state r the United States or
any generally reeognized organization or association.
COMMENTARY- The purpose of the change in the above paragraph is to require a higher level of
sediment-trapping efficiency in High Quality Waters (refer to the definition in Section 3). For a number of
reasons, however, this change has little practical impact in Orange County. (1) the amendment specifies
improved performance for sediment ponds only,and, because of the type of development that usually occurs
in these rural HQW, it would be unlikely that a sediment pond would be used; (2) existing standards in
the Erosion Control Manual require both sediment ponds and sediment traps (which are most often used
in these areas) to be designed and constructed to a greater efficiency than this amendment requires;and
(3) the standards in the Manual apply not only to HQW but to all of Orange County and Chapel Hill.
i ewly constructed open chani�Ls-in HQW zones shall be designed and constructed with side
slopes no steeper than 2 horizonta_L to l vertical if a vegetative cover is used for stabilization
unless soil conditions grmit a s r slo a or where the lo es are stabilized b win
mechanical devices structural devices or other igMtable devices.jn-any event the angle for
side slopes shall be sufficient to restrain accelerated erosion.
e. Ground cover sufficient to restrain erosion must be Rrovided for an R2rtion of a land-
disturbing activity ctivity in_a_HQW___zone within 15 working days or 60 calendardays, whichever
period is shorter, following_coWletion of construction or development.
COMMENTARK These amendments were adopted by the Legislature to provide additional'protection for
High Quality Waters. The revision concerning sediment ponds in Section 8 (d) (1) is a change proposed
by the staff`. "Sediment pond"is used instead of'sediment basin"because it is the term used in the Erosion
Control Manual.
Section 9 Stormwater Outlet Protection
Protection aw Stream. Channels
COMMEN!ARY.- To clarify the intent of this section, the title has been changed.
10 year storm after developumt 9WI no' Stentu of-
or
(ii) the velocity in the receiving wateremrse dekwmiwA for the '() YeN Ste'M F"01 to
development`
COIfldFIVTARY.- The text above will be deleted and replaced by the text below.
b. Control of Velocity.
Persons shall plan and conduct land-disturbing activity so that the post-construction velocity of the 10-
5 1-15-91
ti
year storm runoff in the rec&ing Ovate-course to the dischar a Doint does not exceed the ter of
1. the velocity established b the table in ara ra h 3 o the subsection• or
the vel9c-ity of the 10-rear storm runoff in the receivin watercourse rior to develo meat.
If conditions 1 or 2 of this ara IN rah cannot be met then the receivin waterc
e dichar a ourse to and includin
the int shall bed i ed and constructed to withstand the e; ted veloci an ere the
ye—locity exceeds the "prior to development" velocity by 10%.
C0Aflff.NZ4Rp- These revisions are made to clarify the intent of this section which is to protect watercourses
on the site from the impact of increased runoff velocity and to ensure that the design results in a nonerosive
velocity at the point of discharge.
Section 10 Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person conducting the borrow and waste
disposal activity,areas from which borrow is obtained and which are not regulated by the provisions of the
Mining Act of 1971,and waste areas for surplus materials other than landfills regulated by the Departments
Division of Solid Waste Mang ement
as part of the land-disturbing activity where the borrow material is being used or from which the considered
material originated. When the person conducting the land-disturbing activity is not the person obtaining the
borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity.
CONWV�TARY.• Phis revision addresses a name change in this agency.
Section 15 Existing Uncovered Areas
b. Notice of violation
The Erosion Control Officer will serve upon the landowner or other n in
the land written notice of violation by registered or certified mail, return receipt ion or control of
means reasonabl calculated to ive actual notice. The notice will set forth the measures needed to
comply and will state the time within which such measures must be completed. In determining the
measures required and the time allowed for compliance, the authority serving notice shall take into
consideration the economic feasibility,technology,and quantity of work required, and shall set reasonable
and attainable time limits for compliance.
COMAWN!ARY.• This revision is intended m improve not ification to the person responsible for a violation.
Section 17 Permits
d. Expiration of Permits
Fo the u of.determining the ez iration date o the lan roval and in rmit the land-
disturbing activity is considered to have started when the recons on conference has been held the
necessary erosion control practices have been properly installed. and the site
begun. clearing or grading has
CO1KUEAf!ARY.• This revision is proposed by the staff.. The purpose is to emphasize holding the preconstruction
conference, and,for the purpose of determining the expiration date of the permit,the conference must have been
held in order to consider work to have started.
6 1-15-91
Section 18 Erosion and Sedimentation Control Plans
a. Plan Re uirement
An Erosion Control Plan shall be prepared for all land-disturbing activities subject to this Ordinance
whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet,
if more than 20,000 square feet are to be uncovered. Three 3 co ies of the Plan shall be filed with
the Erosion Control Officer—as one of wh'ch will be forwarded to the Orange Soil and Water
Conservation District, at least 30 days prior to the commencement of the proposed activity.
COMMENTARY.• This revision is made to specify the number of copies of the proposed erosion control plan
to be submitted and their distribution for review (proposed by the staff.
c. Review and Resl2onse to Plans
The Erosion Control Officer will review each complete plan submitted and within 30 days of receipt
thereof will notify the person submitting the plan that it has been approved, approved with modifications,
approved with conditions approved with performance reservations, or disapproved. Examples of
conditions of a val are but not limited to: c annel stabilizatio Wt be successful or another tyRe
of lining must be used, delineating certain areas to be graded and stabilized within a swified number
of days to reduce the g„gtential for erosion and protect critical areas: providing a performance securi�X
to provide permanent ground cover:and requiring the person financially responsible to retain the services
of a professional engineer or architect to supervise implementation of the approved erosion_control_plan.
COMMENTARY- Adding "complete"is required by the State to emphasize that only complete plans will be
reviewed.Staff proposes adding "approvedwith conditions."This allows attachment of conditions to the plan that
are considered essential to its success by the Division staff. The examples given are typical conditions that would
be,imposed. Amendment of Section 19 (a) (1) allows the applicant to appeal conditions of approval.
e. Plan Amendments
Application for amendment of an erosion control plan in written and/or graphic form may be made at
any time under the same conditions as the original application. Until such time as said amendment is
approved by the Erosion Control Officer, the land-disturbing activities shall not proceed except in
accordance with the erosion control plan as originally approved. Approving the plan. if the Erosion
Control Officer, either upon review of such plan or on inspection of the job site,
determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the
plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue
under conditions outlined by the Erosion Control Officer.
COAGWENMY.• These words are added so that the local ordinance conforms with the text of the State's
Model Ordinance.
f. Statement of Ownership and Financial Res onsibil'
Erosion Control Plans shall be MU be disapproved unless accompanied by an authorized Statement of
Ownership and Financial Responsibility. This statement shall be signed by the person financially
responsible for the land-disturbing activity or his/her attorney-in-fact. The statement shall include the
mailing and street addresses of the principal place of business of the person financially responsible and
of the owner of the land or their registered agents. If not a resident of North Carolina, the applicant
must designate a North Carolina agent and include that agent's name and address in the Statement for
the purpose of receiving notice of compliance or noncompliance with the plan the Ac-.t,or this Ordinance
or rules or orders adopted or issued pursuant to this Ordinance.
COMMEWARK This change allows disapproval of the Plan if the Statement is not received. The text has been
changed to conform to the State's Model Ordinance.
7 1-15-91
g.- Review of Other Environmental Documents "
An lan submitted for a land-disturbin activitv for which an environmental document either an
assessment or im act statement is uired b the -North Cadrina Environmental Polic Act G.S. 113A-
1 et me.) shall be deemed incom lete until a comylete environmental document is available for review.
The Coun shall rom tl notifv the rson submittin the plan that the 30 da time limit for review
of the an available to Section . /-% of this Ordinance shall not be ' until a complete environmental
document is available for review.
COMMEMARY7 This change prevents permits being issued and construction beginning before all necessary
reviews and approvals to develop a tract have been obtained.
h. Consideration of Applicants Past Performance
An Erosion Control Plan may be disapproved lipon a findin 9 that an a licant or anX parent or
subsidioEX co ration if the avy licant is a co ration:
L. is conducting or has conducted land-disturbin activity without an a roved lan or has received
notice of violation of a lan reviousl a roved bX the Commission or a locaLeovernment nummt
to the Act and has not complied with the notice thin the -wecified in the once
2. has failed to olo lir a civil lMn al assessed puMMt to the Act or a local ordinance ado ted pursuant
to the Act which is due and for which no ayRol is pen&L
3. has been convicted of a misdemeanor ursuanI to G.S. 3A-64 or any criminal envision of a
local ordinance ad0l2ted pursumt to the Act: or
4. has failed to stantialIX comply coMply with State rules or local ord cas and regulations ado ted
pursuant to the Act.
or RMM2M of this subsection an a licant's record max be considered for gilly the two XMrs prior
to the aRRlication date.
COMMENTARY.• This major revision to the Ordinance allows an applicant's past performance and compliance
record to be taken into account when considering an application for erosion control plan approval.
19. Erosion Control Plan Available On Site
A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept
on the job site at all times.
COMMENTARY- The letter of this paragraph will be adjusted to account for the added paragraphs.
Section 19 Appeals
a. Appeal Process
Exce t as vMvided in Section 19 of this Ordinance the gf a MR2roval or a roval with
modifications or conditions of aRRr0vaI of a Jam shall be Lrolverned by the followin visions:
COMffMARY This introductory statement will be added
1 a. The disapproval of or modification of or condi 'ons of RMELvA attached to any proposed Erosion
Control Plan by the Erosion Control Officer shall entitle the person submitting the plan to an
appeal of the decision to the Orange County Planning Director. If the Planning Director upholds
the decision, the person shall be entitled to a public hearing if such person submits written demand
for a hearing within 15 days after receipt of written notice of disapproval, or modification. or
8 1-15-91
conditions of a roval.
coAaffJV RY.• These changes are proposed by the staff. This change allows the applicant to appeal
conditions of approval and is added in conjunction with the change in Section 18 (c).
2 b. L }) Hearings held pursuant to this section shall be conducted by the Orange County Planning
Board within 30 days after receipt of written demand for such hearing made by the person
submitting the plan when such plan is for land-disturbing activities occurring outside the
corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane..
(b -2) The Orange County Planning Board shall make recommendations to the Board of
Commissioners of Orange County within 30 days after the date of the hearing on such
erosion control plan.
(c 3) The Board of Commissioners of Orange County will render its final decision on any erosion
control plan upon which a hearing is requested within 30 days of receipt of the recommenda-
tions from the agency conducting the hearing.
3 e. (a +) Hearings held pursuant to this section shall be conducted by a designated agency of the
appropriate town board within 30 days after receipt of written demand for such hearing made
by the person submitting the plan when such plan is for land-disturbing activities occurring
within the corporate limits of the Towns of Chapel Hill,Carrboro, Hillsborough, and Mebane.
(b -2) The said designated agency shall make recommendations to the appropriate town board
within 30 days after the date of the hearing on such erosion control plan.
(c 3) The said appropriate town board will render its final decision on any erosion control plan
upon which a hearing is requested within 30 days of the receipt of the recommendations from
the said designated agency conducting the hearing.
4 d. In the event that the local governing body upholds the disapproval, or modification or conditions
of approval of a proposed erosion control plan following the public hearing the person submitting
the erosion control plan shall be entitled to appeal the local governments action to the North
Carolina Sedimentation Control Commission as provided in Section 113A-61(c).of the General
Statutes and Title 15A NCAC 4B.0018(d).
COKIl FNMY.• The subsections and paragraphs above will be renumbered and relettered as shown. In
conjunction with prior changes, "conditions of approval"is added to the appeal process.
b. Al2Real of Erosion Control Plan DisaRproval Based on Applicants Past Performance
In the ovent that an erosion control Rlan is disa roved Rursualat to Sec 'on 18 of this ordinance
the County shall notify the Director of the Division of Land esources of such dimRRroval within 10
du s. The County shall advise the lRplicant and the Director of the Division of Land Resources in
writine as to the ecific reasons that' the lan was disc roved. e a licant may a 1 the Co un 's
dies oval o e lam ursuant to Section-19 of s Ord' ce directly to the Commission.
CoALMEN ARY.- This change requires notification of the Director of the Division of Land Resources of a
denial based on Section 18 (h) (applicants past performance) and allows an appeal of the denial directly to the
Director without first going through the appeal process at the local level.
Section 21 Inspections and Investigations
a. Site Inspections
pumils fume been i9stied bo deteimine whe&er.&e activifies we being conducW in ww-dance with ffie
plan and to determin whether flY.—ram"ALes -n--
9 1-15-91
t .
and Sediment
/J
A ents officials or other ualified rsons authorized b the Coun wil riodicall t the sites
of land-disturbin activit to determine:
com liance with the Act this ordinance or rules or orders ado ted or issued ursuant to this
ordinan j
whether the activit r is bein a conducted in accordance with an a roved 1an and
whether the measures r tired in the lan are effective in controll' erosion and sediment resultin
from land{listudb act-
Notice of the right to in Dect shall be included in the notification of an a royal.
COMMENTARY.- This change is intended to clearly give the rightfor authorized personnel to enter and inspect
sites.
b. Notice of Violation
If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to
comply with the Act this Ordinance or rules or orders ado ted or i ed ursuant to this Ordinance
or has failed to_comely_ with the approved plan, a notice of violation shall be served upon that person
by registered or certified mail, return receipt requested, or other means E2wnablv calculated toLZive
actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan,
specify a reasonable time period within which such measures must be completed, and warn that failure
to- correct the violation within the time period will result in the assessment of a civil penalty or other
enforcement action. However, no time Period for col3i 3liance need be nven for failure to submit an
erosion cont of 11:111a vRroval or for obstructin a rin or rote erin th an authorized
resentative while in the rocess of ca in out their official duties. If the person engaged in land_
disturbing activity fails to comply within the time specified, enforcement action shall be initiated.
COMMENTARY.• Failures that constitute a violation are clarified. A time limit to correct certain specified
violations (failure to submit a plan and interfering with the right to inspect) is not required.
Section 22 Penalties
a. Civil Penalties
(1) Assessment of Penalties
Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued
Pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which an erosion
control plan is required except in accordance with the terms, conditions, and provisions of an approved
Plan, shall be subject to a civil penalty of$169 $500 except that the penalty for failure to submit an
erosion control plan shall be as provided in a.3. of this section. No penalty shall be assessed until the
Person alleged to be in violation has been notified of the violation by registered or certified mail, return
receipt requested, or other means reasonably calculated to pro vide actual notice to the offender. The
notice shat! describe the violation with reasonable particularity, specify a reasonable time period within
which the violation must be corrected, and warn that failure to correct the violation within the time
Period will result in the assessment of a civil penalty or other enforcement action. However o time
riod for co fiance need be 'yen for failure to submit an Erosion Control plan for royal or for
obstructin ham rin or interferin with an authorized resentative while in the of
out his official duties. Each day of a continuing violation shall constitute a separate violation under
Section 22(a)(1).
COMMENTARY Fines are increased to $500 per day. No time period for compliance is allowed for failure
to submit a plan or interfering with the right to inspect.
(2) Demand for Pa rent of Penaltv
The Orange County Board of Commissioners shall make written demand for payment upon the person
10 1-15-91
Z P
y
responsible for the violation, and shall set forth in detail a description of the violation for which the
penalty has been invoked. Notice of the assessment shall be by registered or certified mail or other
means reasonably calculated to give actual notice. If payment is not received or equitable settlement
reached. within 30 days after demand for payment is made, the matter shall be referred to the town or
county attorney for institution of a civil action in the name of the town or county in the appropriate
division of the General Courts of Justice for recovery of the penalty.
COMMENTARY.• This change requires notice of the assessment to be sent by a means that ensures receipt
by the person responsible.
Section 26 Revisions to this Ordinance
The Counky shall inco orate revisions r uired by the Commission within 8 mon ths following recei t of the
r uired revisions. If standards and . rovisions of this Ordinance currently meet or exceed the Muir ed
revisions the Commission shall be so notified within 90 days of their-receipt,
COMMENTARK This change is added to ensure that local programs keep ordinances current with the
Model and that revisions are made in a timely manner.
11 1-15-91
r
� y
O R A N G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25 1991
Agenda Abstract
Item #_C.5•
SUBJECT: PROPOSED HISTORIC PRESERVATION ORDINANCE
DEPARTMENT: Planning PUBLIC HEARING: —X—Yes No
ATTACHMENTS: INFORMATION CONTACT:
Draft Ordinance Planning Director - X2592
Part 3C of Article 19 of
G.S. 160A PHONE NUMBERS:
Article 20 - Zoning Ordinance Hillsborough 732-8181
G.S. 153A-324 Mebane 227-2031
G.S. 153A-123 Durham 688-7331
G.S. 153A-320 Chapel Hill 967-9251
G.S. 160A-360
PURPOSE: To receive citizen comment on a proposed ordinance
which would, upon adoption, establish an Historic
Preservation Commission for Orange County, including
mechanisms for the identification and preservation
of historic sites and structures .
BACKGROUND: In 1986, the Planning Department completed
preparation of An Inventory of Sites of Cultural,
Historical Recreational Biological, and Geological
Si nificance in the Unincorporated Portions of
Orange_ County. While some field surveys were
conducted, the inventory was based almost
exclusively on existing documentation.
In 1988, a Master_.Recreation and Parks Plan was
prepared for Orange County. During the same year,
the Triangle Land Conservancy completed the
Inventogy of Natural Areas and Wildlife Habitats of
Orange County. These studies provided a more
detailed identification of sites than identified in
the 1986 Inventory.
A goal of the Planning Department and Planning Board
has been the completion of the detailed inventories
through a survey of historic sites and structures.
Discussions were held with representatives of the
N.C. Preservation Fund and NCDCR about ways and
means of preparing an inventory and preserving
historic sites and structures. They recommended that
Orange County consider adopting an ordinance to
establish a Historic Preservation Commission,
empowered to conduct an inventory, prepare a
preservation plan, and administer programs for the
e
J)
preservation of both individual sites; e.g. ,
landmarks, and historic districts .
Following the meeting, NCDCR provided Staff with a
model ordinance to consider in drafting a local
ordinance. Information was also provided about the
annual application process for Planning and Survey
Grant funds with which to initiate and carry out a
historic inventory. Authorization was subsequently
sought and obtained from the Board of Commissioners
to apply for such funds . If the application is
approved, an inventory of the unincorporated
portions of Chapel Hill Township will be undertaken.
Concurent with the development of an application for
survey funds, an ordinance was drafted for the
purpose of establishing a Historic Preservation
Commission. Authorization for counties to create
such boards is contained in Part 3C of Article 19 of
G.S. 160A. The basic provisions of the proposed
ordinance are as follows:
1 . A Historic Preservation Commission comprised of
seven members would be created. Members must
have special interest, education or experience
in history, architecture, landscape
architecture, archaeology or related fields .
2 . The Commission may undertake an inventory of
properties of historical, , prehistorical,
architectural, and/or cultural significance.
3 . The Commission may . recommend to the Board of
Commissioners areas to be designated as
"historic districts" and individual structures,
buildings, sites, areas or objects be
designated as "landmarks" .
A recommendation to designate a landmark would
be contingent upon the voluntary application of
the property owner.. Since historic districts
would be created as overlay zoning districts,
such designations may be initiated by request
of the property owner(s) , the Historic
Preservation Commission or the Board of
Commissioners. A request would be handled in
the same manner as a zoning ordinance or atlas
amendment; e.g. , following notification of
property owners, conducting a public hearing,
recommendation of the Planning Board, and
approval of the Board of Commissioners . Before
either designation could be initiated, the
inventory referenced in #1 above must be
completed.
13 t
4 . The Commission may conduct an educational
program with respect to historic districts and
landmarks .
An educational program is partially mandated by
the proposed ordinance, since it requires the
notification of property owners of the
significance of their sites and/or structures
as identifies thathproperty ordinance
also require P historic
of the procedures for designating
districts and landmarks .
5 . The Commission may review and act upon
proposals for alterations, demolition or new
construction within historic districts, or for
the alteration or demolition of designated
landmarks .
Before building permits may be issued for
alterations, demolitions or new construction
within historic districts, or for alterations
or demolition of historic landmarks, a ed
Certificate of Appropriateness must beiappr rov v
by the Commission. The review process
that changes are in accord with the character
of the site, structure and district.
guidelpnes
based on design principles
adopted by the Commission and which are
applicable to the structure or district.
The proposed ordinance is included
asaarechment
to this abstract. The specific provision comments in
presented first, followed by explanatory
boldface type.
Staff recommends approval of the
RECOMMENDATION: propposednordinance.
AN ORDINANCE CREATING THE HISTORIC PRESERVATION COMMISSION OF
ORANGE COUNTY
WHEREAS, the historic heritage of the State of North
Carolina is one of our most valued and important assets; and
WHEREAS, the North Carolina General Statutes authorize
counties to safeguard the heritage of the County by
preserving any historic sites therein that embody important
elements of its cultural, social, economic, political,
archaeological or archi-tectural history and to promote the
use and conservation of such site for the education, pleasure
and enrichment of the residents of the County and State as a
whole; and
WHEREAS, the conservation of historic sites will stabilize
and increase the values in their areas and strengthen the
overall economy of the State; and
WHEREAS, the County Commissioners of Orange County desire
to safeguard the heritage of the county by preserving
historic landmarks and historic districts; to enhance the
environmental quality of neighborhoods; to establish and
improve property values; and to foster economic development;
and
WHEREAS, the County Commissioners of Orange County do
therefore desire to create a commission to be known as the
Historic Preservation Commission of Orange County to perform
the duties of regulating historic landmarks and historic
districts pursuant to NCGS Chapter 160A, Article 19, Part 3C
and the provisions of this ordinance.
The statement of purpose indicates why a historic
preservation program is important to the County and why a
Commission is being established. The statement is derived
from the legislative findings in the enabling legislation.
(G.S.1b0A-400.1) .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS
OF ORANGE COUNTY AS FOLLOWS:
Article 1. Historic Preservation Commission
Section 1.1 Establishment
Under the authority of Chapter 160A, Article 19, Part
3C, of the North Carolina General Statutes, there is hereby
established the Orange County Historic Preservation
Commission, hereafter referred to as the "Commission",
consisting of seven (7) members. Members shall serve without
compensation, but they may be reimbursed for incidental
expenses incurred in connection with official duties.
To carry out a historic preservation program, the
enabling legislation (G.S.IGOA-400.7) requires that the Board
of Commissioners establish or designate a commission having
at least three members. In lieu of establishing a Historic
Preservation commission, the Board of Commissioners may
designate the Planning Board to carry out such a program.
section 1.2 Oualifications
Each member shall reside within the territorial
jurisdiction of Orange County. In addition, a majority of
the members of the Commission shall have demonstrated special
interest, experience or education in history, architecture,
landscape architecture, archaeology or related fields.
The enabling legislation requires members to meet
certain qualifications (G.B.160A-400.7) . If the Planning
Board acts as the Historic Preservation commission, at least
three of its members must meet the qualifications.. Members
must be residents of the territorial jurisdiction of Orange
County as established pursuant to G.S. lS3A-320.
Section 1.3 Tenure
Each member of the Commission shall be appointed by the
Board of County Commissioners. The tenure of office shall be
three (3) years, and appointments shall be made so that one-
third (1/3) of the terms expire in February of each calendar
year.
Members are eligible for reappointment for a second
consecutive full term. However, after two (2) consecutive
terms, a member shall be ineligible for reappointment for one
year after the expiration of the previous terms. In
determining eligibility of reappointment, appointments made
to: fill vacancies for unexpired terms shall not be counted as
a term.
The Board of commissioners may determine the length of
the terms, but they can be no more than four years (G.S.160A-
400.7) . The provisions concerning tenure, initial
appointment, and reappointment are based on those applicable
to the Planning Board.
13
Section 1.4 meetings
A quorum for conducting business of the Commission shall
be a majority of the appointed members. The Commission shall
meet at least once each month; provided, however, a regularly
scheduled meeting may be canceled due to inclimate weather,
due to the lack of a quorum of members or due to a lack of
business to conduct.
All meetings of the Commission shall be open to the
public, and the Commission shall cause notices to be given as
required by Article 33-C, Chapter 143 of the North Carolina
General Statutes, G.S. 143-318.11 ET.SEQ. , as amended. A
public record shall be kept of the Commission's resolutions,
proceedings, and actions.
A regular meeting time makes it easier for Commission
members as well as citizens to attend meetings. The quorum
provision is identical to that of the Planning Board. The
enabling legislation requires that meetings be open to the
Public and that property owners be given an opportunity to be
heard (G.8.160A-400.9) .
Section 1.1 Attendance of Meetin s
Attendance at the regular meetings of the Commission
shall be considered a prerequisite for maintenance of
membership on the Commission. The County Commissioners may
declare a vacancy on the Commission because of a member's
non-attendance.
Absence due to sickness, death of an immediate family
member or similar reason shall be considered approved
absences and shall not affect the member's status. in the
event of long illness or other cause for prolonged absence,
the member shall be replaced.
Poor attendance can present problems for the Commission,
especially when no quorum is present, and property owners and
citizens are inconvenienced. Having a provision which sets
standards for attendance provides a basis for the replacement
of inactive members. The provisions are based on those
applicable to the Planning Board.
Section 1.6 Rules of Procedure
Prior to any official action, the Commission shall adopt
rules of procedure governing its meetings and the conduct of
official business, and bylaws governing the election of
officers and related matters. The Commission may appoint
advisory bodies and committees as appropriate.
Rules of procedure are essential for Commission
operation. They are also required by the enabling
legislation before the Commission can take any action to
enforce a landmark or historic district ordinance (G.S.160A-
400.9) .
section 1.7 Pourers and Duties
The powers and duties of the Commission are follows:
I. Undertake an inventory of properties of historical,
prehistorical, architectural, and/or cultural
significance.
2. Recommend to the County Commissioners areas to be
designated by ordinance as "historic districts" and
individual structures, buildings, sites, areas or
objects to be designated by ordinance as "landmarks" .
3 . Recommend to the County Commissioners that designation
of any area as a historic district, or part thereof, or
designation of any building, structure, . site, area or
object as a landmark, be revoked or removed for cause. .
4. Review and act .upon proposals for alterations,
demolition or new construction within historic
districts, or for the alteration or demolition of
designated landmarks.
5. Conduct an educational program with respect to historic
districts and landmarks within its jurisdiction.
6. Cooperate with State, Federal, and local governments in
pursuance of the purposes of this ordinance, and to
offer or request assistance, aid, guidance or advice
concerning matters under its purview or of mutual
interest. The County Commissioners, or the Commission
when authorized by the Commissioners, may contract with
the State or the United States, or any agency of either,
or with any other organization provided the terms are
not inconsistent with State or Federal law..
7. Enter, solely in performance of its official duties and
only at reasonable times, upon private lands for
examination or survey thereof. However, no member,
employee or agent of the Commission may enter any
private building or structure without express consent of
the owner or occupant thereof.
8. Prepare and recommend the official adoption of a
` r
Preservation Element as part of the Comprehensive Plan.
9. Recommend to the Board of County Commissioners that it
acquire by any lawful means the fee or any lesser
included interest, including options to purchase, to
properties within established districts or to any such
properties designated as landmarks; to hold, manage,
preserve, restore and improve the same; and to exchange
or dispose of the property by public or private sale,
lease or otherwise, subject to covenants or other
legally binding restrictions which will secure
appropriate rights of public access and promote the
preservation of the property.
With one exception, the powers of the Commission are
those set forth in the enabling legislation (G.S.160A-400.8) .
.The exception pertains to the acquisition, restoration, and
operation of historic properties. Rather than giving this
power to the Commission, it has been retained for the Board
Of Commissioners. The Commission may, however, recommend to
the Board of Commissioners that it acquire, restore, and/or
operate such properties.
Article 2. Procedures for Establishing Historic Districts
Historic districts, as provided for in this Section, may
be designated, amended or repealed, but not until the
following procedures have been carried out. where historic
districts are to be designated, they shall be established as
districts which overlay other zoning districts as set forth
in the Orange County Zoning Ordinance.
The enabling legislation requires that certain
procedures be carried out before historic districts are
designated. The enabling legislation also allows historic
districts to be created as separate use zoning district
classifications or as overlay zoning districts (Q.8.160A-
400.4) . Overlay districts are proposed for use by Orange
County, since they require less modification to the Zoning
Ordinance and do not alter the underlying regulations.
section 2. 1 inventory Re iced
As a guide for the identification and evaluation of
,historic districts, the Commission shall, at the earliest
possible time and consistent with the resources available to
it, undertake an inventory of properties of historical,
architectural, prehistorical, and cultural significance
within the unincorporated portions of Orange County.
Following completion of the inventory, the Commission
shall submit a copy of the inventory as expeditiously as
possible to the Division of Archives and History. The
Commission shall also notify each property owner of the
significance of his/her property and/or the structures
located thereon. The Commission shall also inform the
property owner of the procedures for designation of historic
districts.
The enabling legislation does not require that the
Commission undertake an inventory as a guide for the
identification and evaluation of historic districts. However,
an inventory is a valuable tool in identifying districts. The
requirement of an inventory is a local requirement as is
submission of the inventory to the Division of Archives and
History, and notification of property owners. It is also
consistent with a similar requirement applicable to
landmarks, a requirement which is mandated by the enabling
legislation.
11
[ a property owner or property owners,
the Commission or the Board of Ccmmissioners
Section 2.2 Pre aratiOn of Designation Report
If, upon completion of the inventory and e
notification of property owners, wishes to
rPRYIAst the designation of a historic district or
districts, the Planning and Inspections Department shall make
or cause to be made an investigation and report which
includes the following:
1. The names and addresses of the current owners of
property in the proposed district(s) .
2 . A map showing the boundaries of the proposed
district(s) .
3 . Photographs that clearly depict the buildings,
structures, sites, areas or objects included in the
proposed district(s) .
4. An assessment of the significance of the buildings,
structures, sites, areas or objects in terms of
their historical, prehistorical, architectural, or
cultural importance. The assessment should include
an architectural or archaeological description,
including the date of construction and any later
alterations.
5. Proposed amendment to the Zoning ordinance and
Zoning Atlas to establish the historic district as
an overlay zoning district.
6. Proposed design review principles and guidelines
governing exterior changes to buildings, structures,
and appurtenant features within the historic
district.
The enabling legislation requires that the Commission
make or cause to be made an investigation and report on the
significance of the district proposed for designation
(G.S.160A-400.4) . The Planning s Inspections Department
would have responsibility for preparation of the report.
section 2.3 Initial Consideration of Desi nation Re ort by
Commission
Upon completion of the designation report, the Planning
and Inspection Department shall submit its findings to the
Commission. Prior to the meeting of the Commission at which
the report will be considered, written notice shall be sent
by certified mail to all affected property owners not less
than seven (7) days before the meeting date. Property owners
s
are those whose names and addresses are currently listed in
the Orange County tax records.
At the meeting, the Commission may accept the
designation report, accept it with amendments, reject it or
recommend it for further study. No historic district shall
be accepted for designation unless it is deemed to be of
special significance in terms of its historical,
prehistorical, architectural or cultural importance. Such
district must also possess integrity of design, setting,
workmanship, materials, feeling and/or association.
If the report is accepted or accepted with amendments,
the Commission shall forward a copy to the N.C. Department of
Cultural Resources and the Planning Board in accordance with
the provisions of Sections 2.4 and 2.5 below.
The purpose of this meeting is for the Commission to
receive the designation report as prepared by the Planning &
Inspections Department. An opportunity for citizens to
comment on the proposed designation is also provided. No
action is necessary except to accept the report as presented,
accept it with changes, reject it or refer back to the staff
for further study. An important consideration by the
Commission is whether or not the district is of special
significance (G.S.16OA-400.3) . if the report is accepted, the
Commission is then required to send a copy to the N.C.
Department of Cultural Resources (NCDCR) for review/comment
(G.S.160A-400.4) .
Section 2.4 Review by the N.C. De artment of Cultural
Resources
The N.C. Department of Cultural Resources, acting
through the State Historic Preservation Officer or his or her
designee, shall have made an analysis of and recommendations
concerning such report and description of proposed
boundaries. Failure of the Department to submit its written
analysis and recommendations to the Commission within thirty
(30) calendar days after a written request for such analysis
has been received by the N.C. Department of Cultural
Resources shall relieve the Commission and the Board of
County Commissioners of any responsibility for awaiting such
analysis.
Changes in the boundaries of an initial district or
proposals for additional districts shall also be submitted to
the N.C. Department of Cultural Resources in accordance with
the provisions this section.
G.B.160A-400.4 requires that the report be sent to the
141
N.C. Department of Cultural Resources (NCDCR) for review and
comment. NCDCR has 30 days within which to comment or the
Commission and Board of Commissioners may proceed without the
need to consider such comment. Requiring NCDCR comment before
final consideration of the designation report insures that
the Commission takes into account all information pertinent
to the designation.
Section 2.5 Review by the Planning Board
With respect to the initial establishment of a historic
district, the designation report and the review comments of
the N.C. Department of Cultural Resources shall be referred
to the Planning Board for its review and comment. The
Commission may also, in its discretion, refer the report and
the proposed boundaries to any other interested body for its
recommendations. Failure of the Planning Board to provide its
comments to the Commission within forty-five (45) calendar
days after a request for such comments has been received by
the Planning Board shall relieve the commission of any
responsibility for awaiting such comments.
Changes in the boundaries of an initial district or
proposals for additional districts shall also be submitted to
the Planning Board in accordance with the provisions this
Section.
Review by the Planning Board is not required by the
enabling legislation but is required so that both boards will
benefit from the exchange of information/ideas. The 45-day
comment period allows the Planing Board to consider the
report at two meetings.
Section 2.6 Final Consideration of Designation Report by
commission
Upon receipt of comments from the N.C. Department of
Cultural Resources, or the expiration of the 30-day period
specified in Section 2.4, and the Planning Board, the
commission may recommend to the Board of County Commissioners
that the historic district be designated.
Prior to the meeting of the Commission at which the
recommendation will be considered, written notice shall be
sent to all affected property owners in accordance with the
notification procedures set forth in Section 2.3 above.
If the Commission recommends that the historic district
be designated, it shall submit a copy of the designation
report, the comments of the N.C. Department of Cultural
Resources and the Planning Board, and the minutes of the
• X ,f
meetings at which the designation was considered to the Board
of County Commissioners, requesting that a joint public
hearing as required by Section 2.7 be called on the proposal.
Following receipt of Planning Board and NCDCR comments,
or the expiration of time limits within which comments are to
be provided, the Commission may prepare a recommendation on
the designation. A recommendation is required by G.8.160A-
400.3 as is a finding that the district is of special
significance.
Section. 2.7 Public Hearing and Notice Thereof
A joint public hearing involving the Commission, the
Planning Board, and the Board of County Commissioners shall
be held before adoption of a proposed ordinance designating a
historic district. The public hearing shall be advertised,
and property owners shall be notified, in accordance with the
provisions of Article 20 - Amendments of the Zoning
Ordinance.
The establishment of an overlay zoning district; e.g. ,
historic district, . may undertaken according to the procedures
set forth in the Zoning Ordinance (G.S.160A-400.4) . Articles
20.5 and 20.6 of the Zoning Ordinance requires that the
Planning Board and Board of Commissioners hold joint public
hearings on the proposed amendments. Those articles also
identify the notification procedures required in the case of
a rezoning application. In addition to the Planning Board,
the Commission would be present at the hearing to hear
citizen comment on the proposal.
Section 2.8 Planning Board Action Subsequent to Public
Hearing
Within 60 days following the date of the public hearing,
the Planning Board shall prepare and submit to the Commission
a recommendation concerning the disposition of the proposed
historic district designation. The Planning Board may
recommend:
1. Approval of the designation as proposed;
2. Approval of the designation subject to conditions;
or
3. Denial of the designation.
Failure of the Planning Board to submit a recommendation
within the required time shall be considered a favorable
recommendation, without conditions.
Referral of the proposal to the Planning Board for
R +
14 ;
recommendation is consistent with the provisions of G.8.160A-
400.4 and Article 20.7 of the Zoning Ordinance.
Section 2.9 Commission• Action Subsequent to Public Hearinc
Upon receipt of the Planning Board recommendation, the
Commission shall prepare and submit to the Board of
Commissioners a recommendation concerning the disposition of
the proposed ordinance. The Commission may recommend:
1. Approval of the designation as proposed;
2. Approval of the designation subject to conditions;
or
3 . Denial of the designation.
If the Commission recommends approval of the historic
district designation, it shall include the recommendation of
the Planning Board and the minutes of the meeting at which
the designation was considered by the Commission.
Referral of the proposal to the Commission for
recommendation is consistent with the provisions of G.S.160A-
400.4.
Section 2.10 Board Action Subsequent.to Public Hearing
Upon complying with the historic district designation
procedures set forth above, the Board of Commissioners may
consider the adoption and from time to time the amendment or
repeal of an ordinance designating a historic district.
However, the Board of Commissioners shall not consider
enactment of a proposed ordinance until 60 days after the
date of the public hearing or until the Commission prepares
its recommendation, whichever comes first. The Board of
Commissioners may:
1. Approve the designation as proposed;
2 . Approve the designation subject to conditions; or
3 . Deny the designation.
Upon the establishment of a historic district, its
boundaries shall be shown on the official Orange County
Zoning Atlas, and the use and development of any land or
structure within a historic district shall comply with use
regulations and dimensional requirements applicable to the
underlying zoning district. For each building, structure,
site, area or object located in the historic district, the
waiting period set forth in Section 4.9 of this ordinance
shall be observed prior to its demolition.
Following the public hearing, and upon receipt of the
1 4 '1
report and recommendations, the Board of Commissioners may
may proceed in the same manner as required for the adoption
of any zoning ordinance provisions. Article 20.7 of the
Zoning Ordinance requires the Board of Commissioners to await
the recommendation of the Planning Board or the passage of 60
days, which ever occurs first. This provision has been
amended to require the Board of Commissioners to await the
recommendation of the Commission. The Planning Board
recommendation will have already been prepared and submitted
to the Commission.
S
Article 3. procedures for Designating Historic Landmarks
Historic landmarks, as provided for in this Section, may
be designated, amended or repealed, but not until the
following procedures have been carried out.
The enabling legislation requires that certain
procedures be carried out before landmarks are designated
(G.S.160A-400.5) .
Section 3.1 Inventory -Ragpired
As a guide for the identification and evaluation of
landmarks, the Commission shall, at the earliest possible
time and consistent with the resources available to it,
undertake an inventory of properties of historical,
architectural, prehistorical, and cultural significance
within the unincorporated portions of Orange County.
Following completion of the inventory, the Commission
shall submit a copy of the inventory as expeditiously as
possible to the Division of Archives and History. The
Commission shall also notify each property owner of the
significance of his/her property and/or the structures
located thereon. The Commission shall also inform the
property owner of the procedures for requesting designation
of his/her property as a historic landmark.
The enabling legislation requires that the Commission
undertake an inventory as a guide for the identification and
evaluation of landmarks. The inventory must be completed
prior to the designation of any landmark, and, upon
completion, must be submitted as soon as possible to the
Division of Archives and History. (G.S.160A-400.6) . A local
requirement has been added; e.g. , that the Commission notify
each owner of the significance of his/her property and the
procedures for historic landmark designation.
Section 3.2 Procedure for Submission of Application-,for
Designation
To receive consideration for designation of a property
as a historic landmark, a property owner must make
application on forms provided by the Commission. Application
for such designation is on a voluntary basis by the owner as
currently listed in the Orange County tax records.
The enabling legislation permits a property owner to
request or the Commission to recommend landmark designation.
As proposed, a request for designation would be on a
lit;
voluntary basis only by the property owner.
Section 3.3 Preparation of Designation Re ort
The Planning and Inspections Department shall, within
30-days of the receipt of an application, make or cause to be
made an investigation and report on the historic,
architectural, archaeological or cultural significance of the
building, structure, site, area or object proposed for
designation. The 30-day period may be extended with the
consent of the applicant. Such report shall include the
following:.
1. The name and address of the current property owner.
2. A map showing the location of the property,
including any buildings and appurtenant features.
3 . Photographs that clearly depict the building,
structure, site, area or object proposed for
designation, including facades, details, and siting.
4 . An assessment of the significance of the site or
structure in terms of its historical, prehistorical,
architectural, or cultural importance. The
assessment should include an architectural or
archaeological description and a historical
discussion of the site or structure, including the
date of construction and any later alterations.
The enabling legislation requires that the Commission
make or cause to be made an investigation and report on the
significance of the building or buildings proposed for
designation (G.8.160A-400.6) . The Planning & Inspections
Department would have responsibility for preparation of the
report.
section 3.4 Initial Consideration of Designation Re ort by
commission
The Planning and Inspection Department shall submit the
application for historic landmark designation and
accompanying designation report to the Commission at the
first regular meeting after the expiration of the 30-day
period specified in Section 3.3 or any extension thereof.
Prior to the meeting of the Commission at which the
application and report will be considered, written notice
shall be sent by certified mail to the affected property
owner and all adjacent owners not less than seven (7) days
before the meeting date. Adjacent property owners are those
whose names and addresses are currently listed in the Orange
County tax records and whose property lies within 500 feet of
the affected property.
At the meeting, the Commission may accept the
designation report, accept it with amendments, reject it or
recommend it for further study. No property shall be
accepted for designation as a landmark unless it is deemed
and found by the Commission to be of special significance in
terms of its historical, prehistorical, architectural, or
cultural importance, and to possess integrity of design,
setting, workmanship, materials, feeling, and/or association.
If the report is accepted or accepted with amendments,
the Commission shall forward a copy to the N.C. Department of
Cultural Resources in accordance with the provisions of
Section 3.5 below.
The purpose of this meeting is for the Commission to
receive the designation report as prepared by the planning &
Inspections Department. An opportunity for citizens to
comment on the proposed designation is also provided. No
action is necessary except to accept the report as presented,
accept it with changes, reject it or refer back to the staff
for further study. An important consideration by the
Commission is whether or not the property is of special
significance (G.B.160A-400.5) . If the report is accepted, the
Commission is then required to send a copy to the N.C.
Department of Cultural Resources (NCDCR) for review/comment
(G.S.160A-400.6) .
Section 3.5 Review by the N.C. De artment of Cultural
Resources
The N.C. Department of Cultural Resources, acting
through the State Historic Preservation Officer or his or her
designee shall, either upon request of the Department or at
the initiative of the Commission, be given an opportunity to
review and comment upon the substance and effect of the
designation of any landmark. All comments will be provided
in writing. If the Department does not submit its comments
to- the Commission within thirty (30) days following receipt
by the Department of the report, the Commission and the Board
of County Commissioners shall be relieved of any
responsibility to consider such comments.
G.B.16OA-400.6 requires that the report be sent to the
N.C. Department of Cultural Resources (NCDCR) for review and
comment. NCDCR has 30 days within which to comment or the
Commission and Board of Commissioners may proceed without the
need to consider such comment. Requiring NCDCR comment before
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final consideration of the designation report insures that
the Commission takes into account all information pertinent
to the designation.
Section 3.6 Final Consideration of Desi nation Re ort by
commission
Upon receipt of comments from the N.C. Department of
Cultural Resources or the expiration of the 30--day period
specified in section 3.5, the Commission may recommend to the
Board of County Commissioners that the property be designated
as a historic landmark.
Prior to the meeting of the Commission at which the
recommendation will be considered, written notice shall be
sent to the affected property owner and all adjacent owners
in accordance with the notification procedures set forth in
Section 3 .4 above.
If the Commission recommends that the property be
designated as a historic landmark, it shall submit a copy of
the designation report, the comments of the N.C. Department
of Cultural Resources, the minutes of the meetings at which
the designation was considered, and a proposed ordinance of
designation to the Board of County Commissioners, requesting
that a joint public hearing as required by Section 3 .7 be
called on the proposed ordinance.
Following receipt of NCDCR comments or the passage of 30
days, the Commission may prepare a recommendation on the
designation. A recommendation is required by G.S.160A-400.5
as is a finding that the property is of special
significance.
section 3.7 Public Bea in and Notice Thereof
A joint public hearing involving the Commission and the
Board of County Commissioners shall be held before adoption
of a proposed ordinance designating a historic landmark.
Notice of the public hearing shall be published once a week
for two successive calendar weeks. The notice shall give the
date, time, and place of the public hearing, and shall be
published the first time not less than 10 days nor more than
25 days before the date fixed for the hearing. In computing
such period, the day of publication is not to be included but
the day of the hearing shall be included.
Written notice shall also be sent by certified mail to
the affected property owner and all adjacent owners not less
than 15 days before the hearing date. Adjacent property
owners are those whose names and addresses are currently
14 .�
listed in the Orange County tax records and whose property
lies within 500 feet of the affected property.
G.S.160A-400.6 requires that the Commission and Board of
Commissioners hold joint or separate public hearings on the
proposed ordinance. Reasonable notice of the time and place
is also required. The notification procedures above are the
same as those required in the case of a rezoning
application.
Section 3.8 Commission Action Subsequent to Public Hearin
Within 60 days following the date of the public hearing,
the Commission shall prepare and submit to the Board of
Commissioners a recommendation concerning the disposition of
the proposed ordinance. The Commission may recommend:
1. Adoption of the ordinance as proposed;
2. Adoption of ordinance subject to conditions; or
3. Denial of the ordinance.
Failure of the Commission to submit a recommendation
within the required time shall be considered a favorable
recommendation, without conditions. The time limit may be
extended upon request of the applicant.
Commission action following the public hearing is not
required by the enabling legislation. However, it has been
included as part of the designation procedure. it is modeled
after similar provision applicable to the Planning Board.
Section 3.9 Hoard Action subsequent to Public Hearing
Upon complying with the required landmark designation
procedures set forth above, the Board of Commissioners may
consider the adoption and from time to time the amendment or
repeal an ordinance designating a historic landmark. The
ordinance shall describe the property, the name or names of
the owner or owners of the property, those elements of the
property that are integral to its historical, architectural
or prehistorical value, including the land area of the
property so designated, and any other information the
governing board deems necessary. For each building,
structure, site, area or object so designated as a landmark,
the ordinance shall require that the waiting period set forth
in Section 4.9 this ordinance be observed prior to its
demolition.
The Board of Commissioners shall not consider enactment
of a proposed ordinance until 60 days after the date of the
public hearing or until the Commission prepares its
a
recommendation, whichever comes first. The Board of
Commissioners may:
I. Approve the adoption of the ordinance as proposed;
2. Approve the adoption of the ordinance subject to
conditions; or
3 . Deny the adoption of the ordinance.
If the Board of Commission denies the adoption of an
ordinance designating a historic landmark, written notice
shall be sent by certified mail to the property owner within
five (5) working days of the Board's decision.
Following the public hearing, the Board of Commissioners
may adopt as proposed, adopt with amendments or reject the
proposed ordinance (G.S.160A-400.6) . Although not required by
the enabling legislation, the Board of Commissioners must
await the recommendation of the Commission or the passage of
60 days, which ever occurs first. This provision is based on
a similar procedure involving Planning Board recommendations
(Article 20.7 - Zoning Ordinance) .
The ordinance must describe the property, the names of
the property owner(s) , the elements of the property
contributing to its significance, and other information
deemed necessary. The ordinance must also require that the
waiting period required by G.S.160A-400.9 be observed
(G.B.160A-400.5).
Section 3.10 Action SubeggMent to Board ARRroval
Upon adoption of the ordinance, the owners and occupants
of each landmark shall be given written notification of such
designation by certified mail. In addition, copies of the
ordinance and all amendments thereto shall be distributed as
follows:
1. A copy of the ordinance and all amendments thereto
shall be filed by the Commission in the Office of
the Register of Deeds. Each landmark shall be
indexed according to the name of the owner of the
property in the grantor and grantee indexes in the
Register of Deeds Office and the Commission shall
pay a reasonable fee for filing and indexing.
2. A copy of the ordinance and all amendments thereto
shall be kept on file in the Office of the Clerk to
the Board of County Commissioners and be made
available for public inspection at any reasonable
time.
151
3 . A copy of the ordinance and all amendments thereto
shall be submitted to the Planning and/or
Inspections Department.
4. A copy of the ordinance and all amendments thereto
shall be given to the Tax Supervisor. The
designation and any recorded restrictions upon the
property limiting its use for preservation purposes
shall be considered by the Tax Supervisor in
appraising it for tax purposes.
The fact that a building, structure, site, area or
object has been designated a landmark shall be clearly
indicated on all tax maps maintained by Orange County for
such period as the designation remains in effect.
A suitable sign for each property designated as a
landmark may be placed on the property at the owner's
consent. Otherwise, the sign may be placed on a nearby
public right-of-way.
Each of the above provisions except the last is required
by G.S.160A-1 00.6. The provision allowing placement of a sign
on the property or public right-of-way is permitted by
G.S.160A-400.5.
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1 ID
Article 4. certificate of Appropriateness
Section 4.1 General Provisions
From and after the designation of a landmark or a
historic district, no exterior portion of any building or
other structure nor any type of above-ground utility
structure or outdoor advertising sign shall be erected,
altered, restored, moved or demolished on such landmark or
within the historic district until after an application for a
Certificate of Appropriateness as to exterior features has
been submitted to and approved by the Commission.
Where a building permit or other permit is required for
the purposes of constructing, altering, moving or demolishing
buildings or structures, a Certificate of Appropriateness
shall be approved by the Commission prior to the issuance of
the permits. A Certificate may be issued subject to
reasonable conditions but shall be required whether or not a
building or other permit is required.
For purposes of this ordinance, "exterior features"
shall include the following:
1. The architectural style, general design, and general
arrangement of the exterior of a building or other
structure, including:
a. The kind and texture of the building material;
b. The size and scale of the building or structure;
and
c. The type and style of all windows, doors,
fences, steps and pavement, light fixtures,
signs, and other appurtenant features.
2. Historic signs, significant landscapes, and
archaeological and natural features of the area.
3. In the case of outdoor advertising signs, "exterior
features" shall be construed to mean the style,
material, size and location of all such signs.
The Commission shall have no jurisdiction over interior
arrangement and shall take no action under this ordinance
except to prevent the construction, reconstruction,
alteration, restoration, moving or demolition of buildings,
structures, appurtenant features, outdoor advertising signs
or other significant features which would be incongruous
with the special character of a historic district or
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landmark.
The State of North Carolina, including its agencies,
political subdivisions, and instrumentalities, Orange County,
and all public utilities shall be required to obtain a
Certificate of Appropriateness for construction, alteration,
moving or demolition within a historic district or on
designated landmarks.
The above provisions are taken from G.S.160A-400.9.
They require a Certificate of Appropriateness to be approved
before a building, structure or site can be constructed,
altered, moved or demolished in a historic district. The same
provision applies to landmarks and is required to insure that
changes are in keeping with the special character of the
landmark or district. only exterior features are subject to
review, and the State, County, and public utilities are
subject to the provisions.
Section 4.2 Certain Changes Not Prohibited
Nothing in this ordinance shall be construed to prevent
the ordinary maintenance or repair of any exterior
architectural feature in a historic district or on a landmark
which does not:
1. Involve a change in design, materials or outer
appearance thereof; or
2 . Involve the construction, reconstruction,
alteration, restoration or demolition of any such
feature which the Building Inspector shall certify
is required by the public safety because of an
unsafe or dangerous condition.
Nothing herein shall be construed to prevent the
maintenance of or, in the event of an emergency, the
immediate restoration of any existing above-ground utility
structure without approval by the Commission.
Changes which do not affect the design, materials or
appearance, and changes which are required to correct an
unsafe condition are not subject to the provisions (G.S.160A-
400.13) .
Section 4.3 Administrative A royal of Minor Im rovements
Minor improvements are defined as those exterior changes
which do not involve substantial alterations, additions or
removals that could impair the integrity of the property
and/or district as a whole. Such minor improvements may be
t
approved by the Planning and Inspections Department but shall
be limited to those listed in the Commissions "Bylaws and
Rules of Procedure." All minor improvements applications
approved by the Planning and Inspections Department shall be
forwarded to the Commission in time for its next scheduled
meeting. No application may be denied without the formal
action of the Commission.
G.S.160A-400.9 permits the review and approval of minor
improvements by an administrative official. Applications for
such improvements cannot be denied, except by the Commission.
The Commission is required to adopt detailed standards, as
part of its Bylaws and Rules of Procedures, governing the
types of improvements which fall into this classification.
Section 4.4 ARRlication for Certificate of ARRropriateness
Applications for a Certificate of Appropriateness shall
be obtained from and when completed, filed with the Planning
and Inspections Department. Each application shall be
accompanied by sketches, drawings, photographs,
specifications, descriptions, and other information of
sufficient detail to clearly show the proposed exterior
alterations, additions, changes or new construction.
Applications which are not complete or do not comply with the
provisions of this ordinance shall not be accepted by the
Planning and Inspections Department but shall be returned to
the applicant with a notation of the deficiencies in the
application.
The Planning and Inspections Department shall, within 30
days of the receipt of an application, make or cause to be
made an investigation and report on whether the exterior
portion of buildings, structures, and their appurtenant
features within historic districts or on buildings,
structures, sites, areas or objects designated as landmarks,
are congruous with the historic aspects of the district or
landmark. The 30-day period may be extended with the consent
of the applicant.
Applications for Certificates of Appropriateness would
be submitted. to the Planning i Inspections Department. The
provisions related to the preparation of a report and the
time frame for submission of the report to the commission are
modeled after those applicable to a rezoning request
(Articles 20.3 and 20.4 - Zoning ordinance) .
Section 4.5 Consideration—of App,licat on_by Commission
The Planning and Inspection Department shall submit the
application for a Certificate of Appropriateness to the
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Commission at the first regular meeting after the expiration
of the 30-day period specified in section 4.4 or any
extension thereof.
Prior to the meeting of the Commission at which the
application will be considered, written notice shall be sent
by certified mail to the affected property owner and all
adjacent owners not less than fifteen (15) days before the
meeting date. Adjacent property owners are those whose names
and addresses are currently listed in the orange County tax
records and whose property lies within 500 feet of the
affected property.
Prior to the issuance or denial of a Certificate of
Appropriateness, the applicant and other property owners
likely to be materially affected by the application shall be
given an opportunity to be heard. When deemed advisable, the
Commission may hold a public hearing on any application.
Applications for Certificates of Appropriateness shall
be acted upon by the Commission within forty-five (45) days
of the meeting at which the Planning and Inspection
Department's report is submitted. The action on an
application shall be approval, approval with conditions or
denial. If the application is not acted upon within forty-
five (45) days, it shall be deemed to be approved and a
Certificate shall be issued. An extension of time may be
granted by mutual consent of the Commission and the
applicant.
G.S.160A-400.9 requires the Commission to act on
applications for Certificates of Appropriateness within a
reasonable time, not to exceed 180 days. The 45-day provision
is 15 days less than the time within which the Planning Board
is required to act on rezoning requests. The 45-day period
allows the Commission to meet at least twice for purposes of
making a decision.
G.8.160A-400.9 also requires that property owners,
likely to be affected by the application, be given
notification and an opportunity to comment The 15-day
notification period is identical to that required for
rezoning requests.
section 4.6 Review Standards
No Certificate of Appropriateness shall be granted
unless the Commission finds that the application complies
with the principles and guidelines adopted by the Commission
for review of exterior changes. It is the intent of these
principles and guidelines to insure insofar as possible that
15(
the exterior. portion of buildings, structures, and their
appurtenant features within historic districts or on
buildings, structures, sites, areas or objects designated as
landmarks, shall be congruous with the historic aspects of
the district or landmark.
As part of the review procedures, the commission may
view the premises and seek the advice of the N.C. Department
of Cultural Resources or other such expert advice as it may
deem necessary under the circumstances.
The Secretary of the Interior's " Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings" shall be the sole principles and guidelines used
in reviewing applications of the State of North Carolina for
Certificates of Appropriateness.
G.S.160A-400.9 requires the Commission to prepare and
adopt design principles and guidelines applicable to new
construction,. alterations, additions, etc. and use them in
deciding on whether or not to issue a Certificate of
Appropriateness. G.S.160A-400.9 also permits the Commission
to visit the site and seek expert advice. Where applications
of the State are considered, only the Secretary of the
Interior's " Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings" shall be used.
Section 4.7 AvReals of Co ission Actions
In any action granting or denying a Certificate of
Appropriateness, an appeal by an aggrieved party may be taken
to the Board of Adjustment. Written notice of the intent to
appeal must be sent to the commission, postmarked within
thirty (30) days following the decision. Appeals shall be in
the nature of certiorari. Appeals of decisions of the Board
of Adjustment shall be heard by the Superior Court of orange
County.
The State of North Carolina shall have a right of appeal
to the North Carolina Historical Commission, which shall
render its decision within thirty (30) days from the date
that a notice of appeal by the state is received by the
Commission. The decision of the Commission shall be final
and binding upon both the State and the commission.
Appeals by a citizen of actions taken by the Commission
are to the Hoard of Adjustment. Appeals by the State are to
the North Carolina Historical commission (G.S.160A-400.9) .
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Section 4.8 Time Limitations on Certificates of
Appropriateness
A Certificate of Appropriateness shall expire six (6)
months after the date of issuance or, in the case of
demolition, six (6) months after the effective date of the
Certificate, if the work authorized by the Certificate has
not been commenced. If, after commencement, the work is
discontinued for a period of six (6) months, the Certificate
shall expire immediately. No work authorized by a
Certificate that has expired shall thereafter be performed
until a new Certificate has been secured.
There are no provisions in the General Statutes
governing time limits on Certificates of Appropriateness. The
time limits proposed are similar to those applicable to
building permits and insure that work is accomplished in an
expedient manner.
Section 4.9 Delay in Demolition of Landmarks and Buildings
within Historic Districts
1. An application for a Certificate of Appropriateness
authorizing the demolition or destruction of a
designated landmark or a building, structure or site
within a historic district may not be denied except as
provided in Subsection 3 below. However, the effective
date of such a Certificate may be delayed for up to 180
days from the date of approval. The period of delay
shall be reduced by the Commission if it finds that the
owner would suffer extreme hardship or be permanently
deprived of all beneficial use or return from such
property by virtue of the delay. During the delay
period, the Commission shall negotiate with the owner in
an effort to find a means of preserving the building,
structure or site. If the Commission finds that a
building, structure or site has no special significance
or value toward maintaining the character of a district,
it shall waive all or part of such period of delay and
authorize earlier demolition or removal.
If the Commission or Planning Board has voted to
recommend the designation of a landmark or the
designation of an area as a historic district, and final
designation has not been made by the County
Commissioners, the demolition or destruction of any
building, structure or site in the proposed district or
on the property of the designated landmark may be
delayed by the Commission or the Planning Board for up
to 180 days or until the County Commissioners take final
action on the designation, which ever occurs first.
G.S.160A-400.14 permits a delay of up to 180 days where
a historic site or structure is threatened with demolition. A
delay is permissible even in those situations where a
landmark or district has been recommended for designation,
but the Board of Commissioners has not yet acted. The delay
period may be reduced in hardship cases. The delay period is
to be used to see if there is any ways of saving a site or
structure.
2 . , The Board of Commissioners may enact an ordinance
to prevent the demolition by neglect of any designated
landmark or any structure or building within the
established historic district. Such ordinance shall
provide appropriate safeguards to protect property
owners from undue hardship.
G.B.160A-400.14 permits the Board of Commissioners to
take preventive action, via an ordinance, to keep property
owners from deliberately allowing a site or structure to
deteriorate to the point that he/she achieves its removal
through the natural forces of aging.
3 . An application for a Certificate of Appropriateness
authorizing the demolition of a building, structure or
site determined by the N.C. State Historic Preservation
Office as having statewide significance as defined in
the criteria of the National Register of Historic Places
may be denied except where the Commission finds that the
owner would suffer extreme hardship or be permanently
deprived of all beneficial use or return by virtue of
the denial.
If a site or structure of statewide significance is
proposed for demolition, the Commission may deny the
application for a Certificate of Appropriateness, provided
the owner would not suffer extreme hardship (G.S.160A-
400.14) .
Article S. Remedies and Legal Status Provisions
Section 5.1 Remedies
In case any building, structure, site, area or object
designated as a landmark or within a historic district is
about to be demolished, whether as a result of deliberate
neglect or otherwise, materially altered, remodeled, removed
or destroyed, except in compliance with this ordinance, the
Board of Commissioners or the Commission, with the approval
of the Board of Commissioners, may institute any appropriate
action or proceeding to prevent such unlawful demolition,
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destruction, material alteration, remodeling or removal; to
restrain, correct or abate such violation; or to prevent any
illegal act or conduct with respect to such a building,
structure, site, area or object. Such remedies shall be in
addition to any others authorized by Chapter 153A
of the North Carolina General Statutes for violation of a
county ordinance.
Actions which may be taken to remedy a given situation
are the same as set forth in G.S.16OA-400.11.
Section 5.2 Conflict with other Laws
Whenever this ordinance or any ordinance adopted
pursuant to Part 3C of Article 19 of Chapter 160A of the
North Carolina General Statutes requires a longer waiting
period or imposes other higher standards with respect to a
designated historic landmark or district than are established
under any other statute, charter provision or regulation, the
provisions of this ordinance shall apply. Whenever the
provisions of any other statute, charter provisions,
ordinance or regulation require a longer waiting period or
impose other higher standards than are established in this
ordinance, such statute, charter provision, ordinance or
regulation shall govern.
This provision essentially states that the more
restrictive ordinance shall apply (G.8.16OA-400.10) .
Adopted this day of 1991.
1969
GENERAL ASSEMIALY OF NORTH CAROLINA
1989 SESSION
RA'rIFIED BILL
CHAPTER 706
SENATE BILL 139
AN ACT TO REGULATE HISTORIC DISTRICTS AND LANDMARKS.
The,General Assembly of North Carolina enacts:
Section L Part 3n and Part 3B of Article 19 of Chapter 160A oft the
General Statutes are rclrcaled.
Sec. 2. Article 19 of Chapter 160A of the General Statutes is amended
by, adding a new Part to read:
"Part 3C. Historic Districts and Landmarks
"§ 160A-400.1. Legislative finding&
The historical heritage of our State is one of our most valued and important a se S.
The conservation and oreservation of historic districts and landmarks- stabilize ar d
increase pEoLierty values in their areas and strengthen the overall economy f the
tate. This Part authorizes citie and counties of the State within their res ecti e
Z0-ning_lurisdictions and by means of listing retrulation, and ac uisition:
_-
To. Safe card the heritage of the citX or county b preservinL7 a v
w district or landmark therein that em odies important.-elements f
its culture Llis—tory. architectural histor or rehistor • and
u To )rotnote the use and conservation of uch district or landmark
for the education olcasure and enrichment of the residents -of ( e
city or county and the 5tnte as a whole.
A
160 -400.2. Exercise of
�, Powers by counties as yell as cities.
The term 'municipality' or 'municipal' as used in .S. 160A-400.1. through 160A,
40Q.15 shall be deemed to include the governing board r legislative board of a
county, to the end that counties may exercise the same gowers as cities with respect
t the establishment of historic districts and designation of landmarks.
"§ 160A-4003. C:h2r2eter of historic district defined.
Historic districts established 12ursunnt to this Part shall consist of areas which are
deemed to be f s2ccial significance in terms of their history, rehistor architectur
and/or culture, and to ^2ssers irl*C it• of do i n setting, material feeling-. an
-rd association.
"§ 160A-W.4. Designation of historic districts.
An munici�al -zgverning hoard may, as part of a -zoning or o her ordinan e
enact d or amended gursuant tg this Article designate and fr m time to time amen
one or more historic districts within the area sub'ect t the rdinance. Suc
ordinance ma treat historic districts either as a se grate use district classification r
as districts which overlav other zoning districts. Where historic districts are
desi nated as se arate use districts the zoning ordinance may include as uses by ri t
or as conditional uses those uses found b the Preservation mmission to hav
existed during the period sought to be restored gr preserved, S2r to e com ati I
with the restoration or preservation of the district
NQ higo-ric slijtricUr distri • c shill he d •si is •d until:
L11 '°`n-investiearian -nnd r 1201 ,�ribin
if the ,Eivnificanu_e of the
uildin c struclures, f n ur . si r urroundin includ in an
such_proiloseiLl district and a descrintionQthe ,boundaries f such
district ha en 12mQargd. an
The Department f cultural Res urce actin thr u the tat
Historic Preservation Gffioer or Iii r her d si ne e- shgll have
mnde an analysis f and rec mmendn i n c n rnin uc r r
and d cri ti o f 1 un ari �. Failure f the d a .Er n
t submit its wrist n a--unal si anti r mm nd it n
municipal governing totird within 10 calendar da ys after a wri t
r ue t for such anal sis has been re eived by the De artment f
Cultural R urce shall relieve h munici alit f an
r nsi flit f r awILLLag such anal sis lar ma at an
time thereafter tak any nece ary action tg ad-012t or.amend it
zoning ordinance,
The municipal gQverning bard MY --Osp, in its discretion, refer the.r ors and
r sed oundaries to nn I cal �reservntion commission r other interested bad
far its rec mmen nti ns rior to taking action (9 amend the zonin ordinance. With
respect to an thane in the oundaries f such district subse vent to its initial
estn li hment or the creation of ntlditi nal districts within the iuri diction the
investi iative studies and reports real ircd subdivision l of this section hall be
re aced the re ervation c mmis.sion and shall he referred to the I cal tannin
agency for its review and cammcnt accordin to rocedures set forth in the zoning
rdinance. han es in the boundarie of in initial district or ro seal For additi nal
districts shall also-- be u milted to the De artment of Cultural Resgurces in
accordance with the provisions of subdivisi n (2)-of this section.
"- n revel t of the a re arts and rec mmendation the munici alit ma rocged in
f- the same manner a. would otherwise be re aired for the nd tion or amendment f
� r
any aropriate Ordinance
160A-400.5 DesiJM26on of landmarks: adoption of an ordinance• criteria for -
desi ation.
n cam I in with I60A-40 .fi the iggverning.bo2rd may ado t and from
tim to time amend or re cal an rdinance designating one or more historic
landmarks. N ro ert shall be recommended for designation a a historic
landmark ante s it is deemed and f and b the reservation commissi n to he of
s vial si nificance in terms of its hi torical rehist rival architectural r cultural
ortass
and/or ass and ati t o ess integrity of desi n selling workmanshi material feelin
an
The ordinance shall describe each 12rol2ertv de.Signated in the Ordinance !he na re
or names of the owner or owners of the prl2verty, th a elements of the ro erty that .-
are int cal to its historical architectural or grehistgrical value including the land
area of the r ert desi anted and an other information the and
deems necessary, For each huilding. structure site area or ab'ect so desi nated as a_-
historic landm rk the Qrdinance shall re uire that the waiting eri d et forth in this
Par sere d ri r i em lition. For each desi nated landmark the
rdinanc e M2V MAO- rovide for a suitable sin on the r erty indicatin that the
r erty has baen sg d si nated. If thC owner c nsents -the sin shall be laced u on
the r ert if the caner -eci th i n hall a laced on a nearby
u tic right-
"-k _
160&=400.6. R wired Iandmark desillnatiolill n rotedurrs.
Asa wide for he identification and ev luau n f landmarks the c mmission shall
undertake at the rli st s i ble time an c n is ent with the resourRes availa le t
Senate Bill 139
it. an i v nt r f it per i . h'titnri •-tl ar•hi •tural " prehistoricni, rind eultur I
-significange w' hin i s 'uri% ' ti n S rch inv nt ri s and i n
= therrof shaLU-1 her mitt a x tliti usl ihle to the Divisi n of Archives an
History. N r inane d in i n 'n g a Iii t ric b1lilgingjructure. sijC. area 0 r o beet
a Ian mark n r any arnendmCnt
IhCreto m:t b t d n r ma y-any, nrorD)crtv
a ce ted or ac uired a reservati n c mmi 5sion or the vernin and f
munici lit un it al! ( th foll9wing procedural s t s h ve en ak n•
_ LU The prCSCrY41ti0n cvrnm' i n h 1 10 pregare and ad t rul o
procedure. and (ii) re are nd ad t rin i ( and uid line
not inc n i tent with this Part f r alterin r rin moving--
demolishin r erties des' Hat Ian mar
u The ire erv;iti n c minis i n shall m-Ik r au c e mad a
invCSti •i(ion and re rt n th hist ric ar hite-tural rehi t rical
educational or culttiral si nif'cance F e:teh uil in structure site
UL r t r sed f r gesignation or ac ui ition. Sue
'nvesti ati n or re rt shall be f rwarded IQ- th D'vision
Archives and Histor N rth Carolina De artment F CjjltjjTj2l
Resources.
The DeEartment of Cultural Re urce acting throu h the Stat
Hist ric Preserva ion Officer shall either u n re nest f the
de rtrtment or at the initiative of the 2reservatign c mmi sion be
iven an ortuni( t review -Intl comment u on the substance
and effect of the designation of.any landmark oursuant to thij Part.
An comments shall he orovi the De artment
does not submit its -cornnignts or recommendation in c nnection
with any designation within 30 wing b the
De )artment of the investi ati n and re art of the c rnmission the
99mmission and an tit or-county governing bard shall be
relieved of any res on ' ilit consider such comment
The uresery a_tic c)mmiasion and the governingy hnnird shall hold a
int public hearin or Separate gublic hearings on thL ro sed
ordinance. Reasona le notice of he time and lace the shall
e iven. All meetin of the comini ion shall be o en to the
921'Wic. -in accordance with the N rth Carglina Qpen Meetin
Law Cha ter 143, Ar icle 3
Full win the 'pint uhlic hearing or a prate ubiic hearin s the
vernin bonrd niny adol2t thr, ordinance as prggosed, adapt the
rdinance with any amendments it deems necessar � re ect the
proposed Qrdinance.
u Upon ado ti n of 1he ordinance the owners and ccdesi Hat u ants f each
given n tif'cation
of such
desi nation in far as reasona le dili nc -permits. One c nv o
the ordinance and all amendmentA thgreLo shall be filed the
re rvati n—Commission in the office of the re i ter of deed f the
=nty in which the landmark or landmarks are I gated. Each
designated landmark shall a indexed according to the name of th
owner of th 12rgl2erty in the rantee and grantor indexes in th
re i ter
if deeds officC, and the weservation Commissinn chnii a
a reason-able Fee for filing and indexing.. In the case f an
landmark ro ert I in within the zonin urisdiction of a tit a
c nd c of the grdinanCe and all amendrnents theret shall be
kul on-Jile in the D.fficC of the city r town clerk Ind. te made
available F r public i8spegtion at any reasonable time A third
Senate Bill 139 3
1
SZOM ui 11w sudinnnce 1,11d a I ant ndm nts there( shall iv
w I-te city uoea o building in5I�jQr• .ThC fac hat a_12uildine;
structure_ site_ area or obiect h heendesi�nated a landmark shshnll
! olca�, ' indicasron all tax mins maj,nt lined by tb county or
LUX-for s •h d the i na t o rem i in eff
c n the adol2tion of the lanclMark5 ordinance or n m ndm n
her t sh•rll h ut of th r ry i n mmi in t iv
nQtice thereof. tg the tax sui)ervisor Qf the c!2unjx-jn which the
12r.QI2 rtX is located. The cl si nati n and ap-x rec r r tricti n
Uon the r crt limiting its usr, f r r ry tin ur h ll
e cgnsidered tX� tyhc_ tax sup�rv_isor in aQprailing it,.,�cLtax
u
160A-400.7. Historic !j=rvation Commivion.
Before it may. d si n to gne r more landmarks or hilt ric districts a municipality
hall establish gr_dgsignate a hit ric treservati n c mmi si n. The munici al
vernin ar hall d rmine he nurn er f the member f the commi lion
which shall be at I a t the and the len th or their terms which . hall be. no greater
han fur VC ars. A ma ri1 f the mernhers of such a c mmi si n shall have
em nstra ed ecial interest x erience or education in hit r architec ure
rcha I or relat d fields, All the rttemh rs . hall reside within the territ ri; i
iri di i n f he munici alit as establish d ursuant t .S. 160A- 60. The
rrymmis ion may alt wint advisory bodies committees as appropr1 late.
(tt lieu Qf estatlishing •i hi torir prgseryntion C )MMisAjon, a munici alit ma
desi nme a its historic prescryntion c tnmis i n i a se arnte historic district
r~ rnmis i n 4or a sel2arate hist ric landmarks commission established ursuant to this
Part to deal only with historic districts or landmarks resgectivelY.-NO a lannin
agency established ur uant to this Article or (iii) a community angearance
commission esta lished 12ur5unnt to Part 7 of this Article. In order for a commission
or board other than the 12reservation commission t be desi nated at lea t three of its
m m ers shall hay dem nstrated vial interest ex erience or education in hist r
architecture, or related fields. At the di creti n of the munici ality the ordinance
may also provide that the reservati n- c mmission may exercise within a historic
i trict any or all of the 22werl of a lannin asencX or a community a earance
Commissign.
A county--and ong or more-cities -in- the county may establi h or desi nate a joint
12r;servation commission. If a Joint comittission is established or desi nated the
county and cities iov—Qlved shall determine the r idence re uirements of members of
the in n r servati commission,
" 160A-400.8. Pourers of the historic Preservation Commission.
A reservati n i mm si n e tablished ursuant to this Part may. within the
nin urisdicti n of-the municipality:
LU Und:rtake an inventgrX of pr o terties of historical rehistorical
1 rchitectural and/or cultural -i nificance•
Recommend to the munici tal g mrning board areas to be
d i nated by ordinance as 'historic Districts'• and individual
tructure uil in sites area r objects to be- es Hated v
ordinance„a'Lanrn_darks
_... ._ _ _- Ac uir b an lawful Hie ns the fee or an lesser included
inter includin o lions to urchase to ro erties within
_ esta lished district r to an uch r erties desi Hated as
landmark to hold mans reserve restore and rove the
same, and to exch n or di e f the ro ert v u lie or
Y - - riv to ale lease r otherwise u ie t covenant or other
4
Senate Bill 139
legally hin in r caricti n5 which will secure a i it riat rig t f
om tc the (fie r rt)uhlic access and pr
4 Restore, reserve and n e:rntC hit ric 2rol2ertieso
1- R •c min nd to OiSLeoverning boorg that designation of any area as
hist ric district or 12arl thereof. or desi nati n f gny buil inz,
stirticturg, site area or 2Dirst as a jandmark, revoked
removed for c. use:
Condugt an rducitionil ro ram with respect to hLsLqric gronerties.
ind di tricls within its jurisdiction:
CopL)erate with the Stau federal and local governmen s in
12ursugnce Of the liur2oses of this Part. Thg governing boa d or
the commission when authorized the governing tggrd -ma
-- - contract with_the State r the nited Statgj of Am riC o an
a ecnc f either, r with an other or anizrtti n r vid d the errn
are not inc nsistent with State gr federal law*
Enter, s lel in rf rmance of its official dutie and orly at
reacniiablc time u on private lands for examination r s rvev
thereof. However no member, em l ee r a nt o the
commission may enter any grivate building or structure without
the express consent of the owner or occupant thereof-,
PrC rare and recommend the official ado tion of a preservation
Clement ns pnrt of the munici alit 's comprehensive 121arr.
10 Review and act u uin nroj2osals for alterations, demolitions or new
construction within historic districts or for the alteration or
dcinulition of designated landmarks ursuant to this Part• an
fj 11 Ne gotiate at any time with the owner of a buildin structur site
area or object for its ne uisition or its 2reservation. when such
action is reasonably- necess, or annro rte.
160A-400.9. CcrtiFicatc of a nrnpriateness required_.. �-
a From and after the desi na i n F �t landmark r n historic district rio exterior
ortion of any building or other structurl includin masonry walls fences light
fixtures ste s and avement r other a urtenant features nor a ve- round tility
structure nor an t ne of outdoor advertising sin shall be erected altered res ored
moved or demolished on such landmark or within uch district until aft r an
application for a certificate of al2l2ropriateness as to exterior features has been
submitted to and anproved by the 12reservatiQn commission. The munici alit jLgE
re uire 5uch a certificate to be issued by the commission prior to the issuance of a
building permit or other 12ermit granted for the ur oses of constructing, alt rim
moving, r demolishing structures which certificate mix be issued sub ct to
reasonlbie conditions neces ary to carry out the purlioses of this Part. A cert ficate
of a2propriatenegs shall be re uired whether or not a building or other er it i
reau ired
For ouro ses of this Part. `exterior features' shall include the architectural stvle
general design. and generni arran cment of the exterior of a building or other
tructure including the kind and texture of the building material the size an sclie
f the building_and the tyl2e and style of all windows doors,goors, light fixtures sign and
then a urtenant fixture . In the gis of outdoor adverti in ins 'exterior
features' shall be c nstrueg to mean the sty le-_material size and location of al such
signs. Such xteri r fe tut ma in the discretion of the local governing )oard,
include historic signs. c for and significant landscal2e, archaeolo ical and natural
features S2f the area.
Except gs grovided in bel w the commi sign shall have ns2 iurisdictior over
interior arrangement and shall take no action under this ection exggl2t to 12revent the
Senate Bill 139 5
nctructi n reconitr u i let �It r t i n rt�tnratinn movie r dem i i n
uildin rr r r nan f'x ur c r ado rticin si n
i nifi an eature in t i t i which w ulei in n ru u with th her
haracter of the landmark or district. cia
N with t ndin tt a lion a f this errti n 'urisdictior f the c mmi i n
vcr in ri r aces shat a lirnite t cciFic interior featur s f , r hit ur I '�
artistic r lti t riea! si an a in u licl wn d landmark an f rival I wri d
i t ri lan rk f r whit c nsent for interior r view Ira been iveri the wrier
aid ns nt an wrier f r-interior review Ball ind futur owner and/ r
uc e r in till r vi uch c n ent has n filed ire the ffice f the r i t e f
eed f he c aril in which the r ert is I sated and indexed ac22rdin t the
name of th wn r f the r er v in the rante and rant r indexe . Th landmark
d si nation hall ecif the in erior features t e reviewed and the s ecific nature
of the c mmissi n's "uri dicti n vex the interior.
c Prior to an aeti n t enfoll a landmark or historic district ordinance the
mmi i n shall i r re and ad rule �f r cedure and ii re are and
o t rinci les an uide 'line not inconsistent with this Part for new c n tract' n
alteration addition movie and tlemoliti�n. The ordinance ma rovitle su 'ect t
prior ad tine the r . creation c mmi iron of detailed standards [ r the review
and a r val an administrative fFici�l f a licati ns for a certificate F
r rintenes r f min r work a defined b ordinance r vide however that
ing a licati n for a certificate of riatene s ma be denied without formal
action the r ervati rt commis ion.
Pri r t issuance r denial f n certific;►te of a r ]riatenes the c mm is i n shall I'll t ke uch ste s as ma a rears nabl re uircd in the ordinance and/or rules of
r cedure to inform the owners of nn ro ert likcly to be mate riall affected b y the
a licalion anel shall Live the a licant and such Owners an o ortunity to a heard.
In cases where the c mrni sion deems it necessar it ma hold�gai uUli c hearin
c ncernin the a licati n. All meetin s of the comntissi n shae o en t the
` u iic in act rd rice with the N North
Artic arolirt;r n Meetin s Law ha ter 143
l 3
d All a 2lications for certificates f a rt] niatene5s shall he reviewed and ac
u on within a r asona le time not t exceed 1 U da s from the date .the a licalion
f r a certificate of a r riateness is filed as defined U the ordinance or the
mmis i n's rule of rocedure. As art of its review rocerlure the commis i n
m view the remise and seek the deice of the Divisi n of Archives and Histor
V r such thcr" ex ert advice as it ma deem necessar under the circumstances.
Le) Ana cal may he tak n t the Board of Ad-u tmer fr m the commission'
ac i n in rantin or den in anv certificate which a eats i ma a taken by anv
aggrieved art ill shall a taken within time rescribed b the reservation
c mmi i n by eneraJ rule and iii shall be in the nature of certiorari. Anv a cal
from the Board r I.I[ment' decision in anv
_Y u ri r court f the c un in which the manic' alitu ih locatedhrlJ be heard b• t}1C
All f the rovi ions of this Part ar hereb made a licahle t construct' n
Iteration- vein and demolition by the tat f North aro}ina its olitica(
su die's' n a critics and instrumentalities rovided however the shall not a Iv
int ri r f uiJ ins r fractures owned the tate of North arolina. The t to
rid it a encie -shall have a ri ht of a ate
mmission or an assessor a ens :tssumin to it hexes oonsibilCarolina Historical
--�- 121-12 a fr m any decision of a local reservation c mmission. The to under S.
h 11 render its decision within 3q da s fr m the date that the notice of a ealmtvsthe
ate is re eived b it. The current edit' n of the Serretary f the Interior's
tandards for Reha '''tali n and id lines f r RehaUilitatin Hist ric Bu"
r den
6
Senate Bill 139
– - : . -
hall he th sole i2rinehiles and uidglincs a cd in reviewin a li ti ns he t te
',_ r •crtifi •nt •s f a > >r �riat n . The decisi n f ih commission shall i I j id
binding ucon_both the State and the rreservltion,commi
_§ 160A-400.10. Conflict with other laws.
�_.,.. Whenever any ordinange adgoted 12ursuanLio this Part reguires a longer waitin
eri d r imposes other higher standards, with respect—to respect—to a de§ignatgd historic
landmark or district than are established under any. o her to ute charter i
or re ul tion this Part sh II govern. Whenever the r vii n fan ther tatute
charter Drovision ordinance or rreg lation re Quire a longer ri d rim
Other higher standards than are established under this LarLsuch other statute ch r er
_." j2rqvisign. 1rdinance or regulation shall govgrn.
"§ 160A-4110.11. _Remedies.
In case -anL_.�uilding, structure site are or o 'e t designated p5 a 'histo is
landmark r• Io ated within a historic distrigl designated ur unnt to this Part is ab ui
to be demolished whether as the result f deli erase nesdect or otherwise. materia I
altered remodeled removed or dastrgyed,_gxcej2t in c m liance with the rdina ce
or other )rovi i ns of this Part the city or county, the historic prescryati n
commission- or other garty aggrieved by such action may institute nny 112propri to
action or proceedines to orevent such unlawful demolition destruction mater'a
alteration, remodeling or removal to restrain cvrre t or abate such violation or t
prevent any illegal act or conduct with respect to such buildin structure i e a ea
r ob ect. Such remedies "shall he in addition to any others authorized bX t i
Chanter for violation of amunicirnil ordinance. _
'1 160A-400.12. Appropriations.
A city or counly governing board i% authorized to make a � ro ions to a
historic reservation c:m mmission established pUrpmant to this Part in any amount t at
it may determine necgssary for the ex enses of the o eration of the-commission... aid
may make available.any additional nm unts necessnry for the acquisition, restorati n
reservation eration and management of historic buildings. structures site ar 3,.s
or objects designated as historic l.indmark§ or within designated historic districts or
of land on which such buildings or structurcs are local d or to which -they may e
removed.
_§ 160A-400.13. Certain changes not ornhihited.
N-QthinsLin this Part shall be construed to oreyent the ordinary maintenance or
repair of any exterior architectural feature in a historic district or of a landmi rk
which does not involve a thane in desi n material or a earance thereof, nor to
prevent the construction reconstruction alternti n restoration, moving or dem liti n
of anv such feature which the building ins ector -or similar official-shall certif y is
re aired by the 12ublic safety because of an unsafe or dangerous condition. Nothinz
in thi-s. Part hall a construed tQ.12rqvent a pro2erty owner fr m making any use of
his ro ert that is not prohibited by other law. Nothing in this Part shall be
c n trued to prevent a the maintenance or in the event of an emergency the
immediate restoration, of any existing --hove-ground wility structure without a ro al
by-the nrcservatiw commission.
1160A-400.14. DeL27 in demolition of landmarks and buildinm within hista 'c
district.
a An a0plication for n certificate of al2l2rol2riateness authorizing the demolition
or destruction of a designated landmark or a buildin tructure or site within the
district gy not be denied excgl2t aLprpvided in subsection c). However t le
effective date of such a certificate may a delayed fora 12criod of up to 180 daV5 fr m
the date of aggroval. The maximum perio d of delay authoriz d ty this section shall
b reduced by the commission where it finds that the owner would suffer extreme
hardship_ or te permanently d rived of all beneficial use of r return from su h
Senate Bill 139 7
r >e ty I)X virtue of ...e tlelly, Durine stisdi > rt h � :' i ion \
-=
shall n fiat • with he avert r and with an ct her arti r s rva i
_ in art ff rt t fin 1 . man
_ r rv'n th uil in or sit If h tr ery tin mmi ci n fin h
- uildin r site within a di trict ha n s eri• I si nifican r valu ward
maintaining the character of-the district, it h II w ive all
au h rte earlier de r u h eri an li ea
If the commission--or tannin a enc h s voted r c mmend d i n n f a
r er as a landmark r desi nati o of an area a a district an Fin L—delignatign
has not een made by the local governing board, thr, d m !i i n r structi n fan
uildin site, r tructure located on the )r ert f the r ed landmark in the
r sed district may a lei a ed b the c mmissi nor tannin a en f r a ne[iod
f U-0 10 da s r until the local ggverning board takes final action on the
e i na i n whichever occurs first.
The ggverning hard of any munici alit may enact an ordinance t rev n
the demolition b ne lect fan desi Hated landmark or an uildin or structure
within an established historic di trio. Such ordinance shall r vide a r riat
afe uards to roteet iru erty owners from undue economic hardship_.
c An alalicrition F r a certificate of 3121ironriatcrigss auth rizin the dery lition
or-destruction of a buildin.2. site or structure determined by the State Hit ric
Preservati n Officer as havi
ng statewide S112,nificance as defined in the criteria of the
National Re inter of Historic Places ina a denied excgl2t where the commission
finds that the owner would suffer extreme hardshi' or be l2ermanently deprived of all
eneficial use or return bv virtue of the denial."
Sec. 2.1. Section 9-I1 of the Charter of the Town.- of Carrboro, being
Chapter 476. Session Laws of 1987, is amended by adding the following before the
period at the end: ", or (iv) a historic preservation
to G.S. 160A-400.7". commission, established pursuant
Sec. 2.2. Section 9-13(8) of the Charter of the Town of Carrboro, being
Chapter 476, Session Laws of 1987, is amended by deleting "G.$. 160A-39.7" and
substituting "G.S. 160A-400.9", _ - _ ,
-` Sec. 3. G.S. 40A-3(b) reads as rewritten:
"(b) Local Public Condemnors" -- For the public use or benefit, the governing
body of each municipality or county shall possess the power of eminent domain and
may acquire by purchase, gift or condemnation any property, either inside or outside
its boundaries, for the Following purposes.
(1) Opening, widening, extending, or improving roads, streets, alleys,
and sidewalks. The authority contained in this subsection is in
addition to the authority to acquire •rights-of-way for streets,
_ sidewalks and highways under Article 9 of Chapter 136. The
provisions of this Sul-sdivision (1) shall not apply to counties.
(2) Establishing, extending, enlarging, or improving any of the public
enterprises listed in G.S. 160A-311 for cities, or G.S. 153A-274 for
counties.
(3) Establishing, enlarging, or improving parks, playgrounds, and other
recreational facilities.
-"° (4) Establishing, extending, enlarging, or improving storm sewer and
drainage systems and works, or sewer and septic tank lines and
systems.
r. (5) Establishing, enlarging, or improving hospital facilities, cemeteries,
or library facilities.
- (6) Constructing, enlarging, or improving city halls, fire stations, office
buildings, courthouse jails and other buildings for use by any
department, board, commission or agency.
8 Senate Bill 139
ARTICLE 20. AMENDMENTS
20.1 Statement of Intent
For the purpose of establishing and maintaining sound,
stable and desirable development within Orange County this
ordinance shall not be .amended except to correct a manifest
error in the ordinance or, because of changed or changing
conditions in a particular area or in the county generally,
or to extend the boundary of an existing zoning district,
or to rezone an area either to a different zoning district
or to a corresponding Planned Development district, or to
change the regulations and restrictions thereof. These
amendments shall be reasonably necessary to promote the
public health, safety, and general welfare and to achieve
the purposes of the adopted comprehensive plan or part
thereof .
20.2 Amendment Initiation
Subject to the limitations of the foregoing Statement of
Intent, an amendment to this ordinance may be initiated by:
a) The Board of County Commissioners on its own motion;
b) The Planning Board;
C) Application, by any person or agency.
20.3 Procedure for Submission and Consideration of Applications
for Amendment
20.3 . 1 Application Submitted to Zoning Officer
All anolications for amendments to this ordinance shall be
in writing, signed and filed, two copies with the -Zoning
Officer and one copy with the County Manager for
presentation to the Board of County Commissioners . (For
Planned Development amendments see Article 7 ; for Special
Use Permits see Article $ j .
The Zoning Officer shall, before accepting any amendment
application, ensure that it contains all required
information, as specified in this ordinance. Applications
which are not complete, or otherwise do not comply with the
provisions of this ordinance, shall not be accepted by the
Zoning Officer, but shall be returned to the applicant,
with a notation by the Zoning Officer of the deficiencies
in the application.
20.3.2 Contents of AARfllication
Amended Applications for amendments to the Zoning Atlas and/or
3/18/86 Zoning Ordinance text, without limiting the right to file
additional material, shall contain at least the following:
20-1
a) For a ndments to the Zoning Atl a fully 1. f
dimensioned map at a scale of not less than one
hundred feet to the inch showing the land which would
be covered by the proposed Zoning Atlas amendment, and
a legal description of the land;
b) For amendments to the Zoning Ordinance text, a copy Of
the existing text provision( s ) which the applicant
proposes for amendment, and a written statement which
describes in detail changes which the applicant
proposes to make to the text of the Zoning Ordinance;
C) The alleged error in the Zoning Atlas and/or Zoning
Ordinance text which would be corrected by the
proposed amendment with a detailed explanation or such
error in the Zoning Atlas and/or Zoning Ordinance text
and detailed reasons how the proposed amendment will
correct same;
d) The changed or changing conditions , if any, in the I
area or in the County generally, which makes the
proposed Zoning Atlas and/or Zoning Ordinance text
amendment reasonably necessary to the promotion of the
public health, safety and general welfare;
e) -The manner in which the proposed Zoning Atlas and/or
Zoning Ordinance text amendment will carry out the
intent and purpose of the adopted Comprehensive Plan
or part thereof; and
*Amended *f) A traffic .impact study as required by Article 13 .
2/1/88
*g) All other circumstances, factors and reasons which the
applicant offers in support of the proposed Zoning
Atlas and/or Zoning Ordinance text amendment.
20.3 .3 Zoning Officer Pr&e ages Aaais and Recommendation
Amended The Zoning Officer shall, within 30 days of the receipt of
3/18/86 an application to amend the Zoning Atlas , cause an analysis
to be made of the application and, based upon that
analysis , prepare a recommendation for consideration by the
Planning Board and the Board of County Commissioners . The
30-day period may be extended with the written consent of
the applicant, up to a maximum of 60 days . The 30-day
provision shall not apply to applications for amendment to
the Zoning Ordinance text.
20.3.4 NoRlications for Amendments-Joint Planar Are
Amended Applications for amendments to the Orange County Zoning
10/18/88 Ordinance and Zoning Atlas for the purpose of incorporating
the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use
Ordinance (and Zoning Maps) shall be as specified in this
Article and as specified in the Joint Planning Agreement
adopted November 2, 1987. Any text amendments adopted by
20-2
Orange County shall be adopted by reference as though fully
_ -
set forth herein. - Any map amendments adopted by Orange
-- County shall be officially denoted on the County Zoning
Atlas . Where there is inconsistency between the amendment
procedures contained in this Article and those contained in
the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
20.4 Beferral of Amendment Anolication, to Plate Board
Amended The Zoning Officer shall submit any application for
3/18/86 amendment to the Zoning Atlas to the Planning Board at the
first regular meeting after the expiration of the 30-day
period specified in 20 . 3 . 3 or any extension thereof . This
provision shall not apply to any application for amendment
to the Zoning Ordinance text.
20.5 The Hoard of County Commissioners and the Planning Board
Shall Hold A Public Hearin
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 Hearing 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
20-3
affected F.._ -,perty owners and to all a, ,dcent property 1
--- owners within 500 feet as provided above.
The Zoning Officer shall certify the mailing of all such I
notices to the Board of County Commissioners .
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 I
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 I
presenting information also submitted in writing.
The Planning Board shall within sixty days after the date I
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 I
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 I
hearing process .
Failure of the Planning Board to submit a recommendation
within the required time shall be considered a favorable f
recommendation, without conditions . f
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 firs;.. 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. I
20.8 Withdrawal of A22lication
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 Aw-ticle 20, a denial of the petition.
20-4
a
20.9 fact of Den jal gn_ Subsequent Petition I '
_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 .
20.11 comprehensive Review of Cheer
The Planning Board shall from time to time, at intervals of
not more than five years examine the provisions of this
ordinance and the location of Zoning District boundary
lines and shall submit a report to the Board of County
Commissioners recommending changes and amendments , if any,
which are desirable in the interest of public health,
safety, and general welfare, mindful of the intent
expressed in Subsection 20 . 1 .
i
P
20-5
� r
172
(2) A joint planning board created by two or more local govern-
ments according to the procedures and provisions of Chap- --
ter 160A, Article 20, Part 1.
§ 153A-322. Supplemental powers.
A county or its designated planning agency may accept, receive,
and disburse in furtherance of its functions funds, grants, and ser-
vices made available by the federal government or its agencies,the
State government or its agencies, any local government or its agen-
cies, and private or civic sources. A county, or its designated plan-
ning agency with the concurrence of the board of commissioners,
may enter into and carry out contracts with the State or federal
governments or any agencies of either under which financial or
other planning assistance is made available to the county and may
agree to and comply with any reasonable conditions that are im-
posed upon the assistance.
A county, or its designated planning agency with the concurrence
of the board of commissioners, may enter into and carry out con-
tracts with any other county, city, regional council, or planning
agency under which it agrees to furnish technical planning assis-
tance to the other local government or planning agency. A county,
or its designated planning agency with the concurrence of the board
of commissioners, may enter into and carry out contracts with any
other county, city, regional council, or planning agency under
which it agrees to pay the other local government or planning
agency for technical planning assistance.
A county may make any appropriations that may be necessary to
carry out an activity or contract authorized by this Article, by
Chapter 157A, or by Chapter 160A, Article 19 or to support, and
compensate members of, any planning agency that it may create or
designate pursuant to this Article.
§ 153A-323. Procedure for adopting or amending
ordinances under this Article and
Chapter 160A, Article 19.
Before adopting or amending any ordinance authorized by this
Article or Chapter 160A, Article 19, the board of commissioners
shall hold a public hearing on the ordinance or amendment. The
board shall cause notice of the hearing to be published once a week
for two successive calendar weeks.The notice shall be published the
first time not-less than 10 days nor more than 25 days before the
date fixed for the hearing. In computing such period, the day of
publication is not to be included but the day of the hearing shall be
included.
§ 153A-324. Enforcement of ordinances.
In addition to the enforcement provisions of this Article and sub-
ject to the provisions of the ordinance, any ordinance adopted pur-
suant to this Article, to Chapter 157A, or to Chapter 160A, Article
19 may be enforced by any remedy provided by G.S. 153A-123.
§ 153A-325. Submission of statement concerning
improvements.
A county may by ordinance require that when a property owner 1
improves property at a cost of more than twenty-five hundred dol-
lars ($2,500) but less than five thousand dollars ($5,000), the prop- W
erty owner must, within 14 days after the completion of the work,
submit to the county assessor a statement setting forth the nature
of the improvement and the total cost thereof.
1 •l i
163
ARTICLE 6.
Delegation and Exercise of the General Police
s
Power.
§ 153A-121. General ordinance-making power.
(a) A county may by ordinance define, regulate, prohibit, or
abate acts, omissions, or conditions detrimental to the health,
safety, or welfare of its citizens and the peace and dignity of the
county; and may define and abate nuisances.
(b) This section does not authorize a county to regulate or control
vehicular or pedestrian traffic on a street or highway under the
control of the Board of Transportation, nor to regulate or control
any right-of-way or right-of-passage belonging to a public utility,
electric or telephone membership corporation, or public agency of
the State. In addition, no county ordinance may regulate or control
a highway right-of-way in a manner inconsistent with State law or
an ordinance of the Board of Transportation.
(c) This section does not impair the authority of local boards of
health to adopt rules and regulations to protect and promote public
health.
§ 153A-122. Territorial jurisdiction of county ordi-
nances.
Except as otherwise provided in this Article,the board of commis-
sioners may make any ordinance adopted pursuant to this Article
applicable to any part of the county not within a city. In addition,
the governing board of a city may by resolution permit a county
ordinance adopted pursuant to this Article to be applicable within
the city.The city may by resolution withdraw its permission to such
an ordinance. If it does so, the city shall give written notice to the
county of its withdrawal of permission; 30 days after the day the
county receives this notice the county ordinance ceases to be appli-
cable within the city.
§ 153A-123. Enforcement of ordinances.
(a) A county may provide for fines and penalties for violation of
its ordinances and may secure injunctions and abatement orders to
s further insure compliance with its ordinances, as provided by this
section.
(b) Unless the board of commissioners has provided otherwise,
violation of a county ordinance is a misdemeanor or infraction as
provided by G.S. 14-4. An ordinance may provide by express state-
ment that the maximum fine, term of imprisonment, or infraction
penalty to be imposed for a violation is some amount of money or
number of days less than the maximum imposed by G.S. 14-4.
(c) An ordinance may provide that violation subjects the offender
to a civil penalty to be recovered by the county in a civil action in
the nature of debt if the offender does not pay the penalty within a
prescribed period of time after he has been cited for violation of the
ordinance.
(d) An ordinance may provide that it may be enforced by an
appropriate equitable remedy issuing from a court of competent
jurisdiction. In such a case, the General Court of Justice has juris-
diction to issue any order that may be appropriate, and it is not a
defense to the county's application for equitable relief that there is
ilk an adequate remedy at law.
(e) An ordinance that makes unlawful a condition existing upon
or use made of real property may provide that it may be enforced by
injunction and order of abatement,and the General Court of Justice
164
1 r ')
has jurisdiction to issue such an order. When a violation of such an
ordinance occurs, the county may apply to the appropriate division
of the General Court of Justice for a mandatory or prohibitory in-
junction and order of abatement commanding the defendant to cor-
rect the unlawful condition upon or cease the unlawful use of the
property. The action shall be governed in all respects by the laws
and rules governing civil proceedings, including the Rules of Civil
Procedure in general and Rule 65 in particular.
In addition to an injunction, the court may enter an order of
abatement as a part of the judgment in the cause. An order of
abatement may direct that buildings or other structures on the
property be closed,demolished,or removed;that fixtures, furniture,
or other movable property be removed from buildings on.the prop-
erty; that grass and weeds be cut; that improvements or repairs be
made; or that any other action be taken that is necessary to bring
the property into compliance with the ordinance. If the defendant
fails or refuses to comply with an injunction or with an order of
abatement within the time allowed by the court,he may be cited for
contempt and the county may execute the order of abatement. If the
county executes the order, it has a lien on the property, in the -
nature of a mechanic's and materialman's lien, for the costs of exe-
cuting the order. The defendant may secure cancellation of an order
of abatement by paying all costs of the proceedings and posting a
bond for compliance with the order. The bond shall be given with
sureties approved by the clerk of superior court in an amount ap-
proved by the judge before whom the matter was heard and shall be
conditioned on the defendant's full compliance with the terms of the _
order of abatement within the time fixed by the judge. Cancellation -
of an order of abatement does not suspend or cancel an injunction
issued in conjunction with the order.
(f) Subject to the express terms of the ordinance, a county ordi-
nance may be enforced by any one or more of the remedies autho-
rized by this section.
(g) A county ordinance may provide,when appropriate,that each
day's continuing violation is a separate and distinct offense.
§ 153A-124. Enumeration not exclusive.
The enumeration in this Article or other portions of this Chapter
of specific powers to define, regulate, prohibit, or abate acts, omis-
sions, or conditions is not exclusive, nor is it a limit on the general
authority to adopt ordinances conferred on counties by G.S.
153A-121.
§ 153A-125. (Effective until July 1, 1988) Regula-
tion of solicitation campaigns and itin-
erant merchants.
A county may by ordinance regulate, restrict, or prohibit the
solicitation of contributions from the public for charitable or elee-
mosynary purposes, and also the business activities of itinerant
merchants, salesmen, promoters, drummers, peddlers, and
hawkers. These ordinances may include, but are not limited to,
requirements that an application be made and a permit issued,that
an investigation be made,that activities be reasonably limited as to
time and place,that proper credentials and proof of financial stabil-
ity be submitted, that not more than a stated percentage of contri-
butions to solicitation campaigns be retained for administrative
expenses, and that an adequate bond be posted to protect the public
from fraud. A county may charge a fee for a permit issued pursuant
to such an ordinance.
PLANNING AND REGULATION
OF DEVELOPMENT
Organization and Ju risdiction
Chapter 153A.
Counties.
ARTICLE 18.
Planning and Regulation of Development.
Part 1. General Provisions.
153A-320. Territorial jurisdiction.
Each of the powers granted to counties by this Article, by Chap-
ter 157A, and by Chapter 160A, Article 19 may be exercised
throughout the county except as otherwise provided in G.S.
160A-360.
§ 153A-321. Planning agency.
A county may by ordinance create or designate one or more agen-
cies to perform the following duties:
(1) Make studies of the county and surrounding areas;
(2) Determine objectives to be sought in the development of the
study area;
(3) Prepare and adopt plans for achieving these objectives;
(4) Develop and recommend policies, ordinances, administra-
tive procedures, and other means for carrying out plans in
a coordinated and efficient manner;
(5) Advise the board of commissioners concerning the use and
amendment of means for carrying out plans;
(6) Exercise any functions in the administration and enforce-
ment of various means for carrying out plans that the
board of commissioners may direct;
(7) Perform any other related duties that the board of commis-
sioners may direct.
An agency. created or designated pursuant to this section may
include but shall not be limited to one or more of the following,with
any staff that the board of commissioners considers appropriate:
(1) A planning board or commission of any size (not less than
three members) or composition considered appropriate, or-
ganized in any manner considered appropriate;
PLANNING AND REGULATION
OF DEVELOPMENT
Organization and Jurisdiction
Chapter 160A.
Cities and Towns.
ARTicLE 19.
Planning and Regulation of Development.
Part 1. General Provisions.
§ 16OA-360. Territorial jurisdiction.
(a) All of the powers granted by this Article may be exercised by
any city within its corporate limits. In addition, any city may exer-
cise these powers within a defined area extending not more than
one mile beyond its limits.With the approval of the board or boards
of county commissioners with jurisdiction over the area, a city of
10,000 or more population but less than 25,000.may exercise these
powers over an area extending not more than two miles beyond its
limits and a city of 25,000 or more population may exercise these
lowers over an area extending not more than three miles beyond its
imits. The boundaries of the city's extraterritorial jurisdiction
shall be the same for all powers conferred in this Article. No city
may exercise extraterritorially any power conferred by this Article
that it is not exercising within its corporate limits. In determining
the population of a city for the purposes of this Article, the city
council and the board of county commissioners may use the most
recent annual estimate of population as certified by the Secretary of
the North Carolina Department of Administration.
(b) Any council wishing to exercise extraterritorial jurisdiction
under this Article shall adopt, and may amend from time to time,
an ordinance specifying the areas to be included based upon exist-
ing or projected urban development and areas of critical concern to
the city, as evidenced by officially adopted plans for its develop-
ment. Boundaries shall be defined, to the extent feasible, in terms
of geographical features identifiable on the ground. A council may,
in its discretion, exclude from its extraterritorial jurisdiction areas
lying in another county,areas separated from the city by barriers to
urban growth,or areas whose projected development will have min-
imal impact on the city. The boundaries specified in the ordinance
shall at all times be drawn on a map, set forth in a written descrip-
tion, or shown by a combination of these techniques. This delinea-
tion shall be maintained in the manner provided in G.S. 160A-22
for the delineation of the corporate limits, and shall be recorded in
the office of the register of deeds of each county in which any por-
tion of the area lies.
(c) Where the extraterritorial jurisdiction of two or more cities
overlaps, the jurisdictional boundary between them shall be a line
connecting the midway points of the overlapping area unless the
city councils agree to another boundary line within the overlapping
area based upon existing or projected patterns of development.
(d) If a city fails to adopt an ordinance specifying the boundaries
of its extraterritorial jurisdiction, the county of which it is a part
shall be authorized to exercise the powers granted by this Article in
any area beyond the city's corporate limits.The county may also,on
request of the city council,exercise any or all these powers in any or
all areas lying within the city's corporate limits or within the city's
specified area of extraterritorial jurisdiction.
(e) No city may hereafter extend its extraterritorial powers un-
der this Article into any area for which the county at that time has
adopted and is enforcing a zoning ordinance and subdivision reggouae.
tions and within which it is enforcing the State Building
However, the city may do so where the county is not exercising all
three of these powers, or when the city and the counth a agreed
upon the area within which each will exercise the powers
by this Article.
(f) When a city annexes,or a new city is incorpo rated in,or a city
extends its jurisdiction to include, an area that is currently being
regulated by the county, the county regulations and powers of en-
forcement shall remain in effect until (i) the city has adopted such
regulations, or (ii) a period of 60 days has elapsed following the
annexation, extension or incorporation, whichever is sooner. Dur-
ing this period the city may hold hearings and take any o other for the
sures that may be required in order to adopt its regu
area.
(f1) When a city relinquishes jurisdictio�Oe cira r area regulation s and
regulating under this Article to a county, h city re a has
powers of enforcement shall remain in effect
f 6 until(as the
lapsed adopted this regulation or(ii)a period Y
follow-
ing the action by which the city relinquished jurisdiction, which-
ever is sooner.During this period b co county in order old hearin
adopt its
take other measures that may required
regulations for the area. powers by this section
bj When a local t, approval, or agreement of another local gov-
ernment,to the request,
the request, approval,or agreement shall be evidenced by
a formally adopted resolution of that government's be legislative upon
Any such request, approval, or agreement
two years' written notice to the other legislative bodies odifieconcerne
any
by repealing the resolution.The resolution may
time by mutual a ment of the legislatimodify,vebodi s amend any
(h) Nothing in t is section shall repeal,
local act.which defines the boundaries of a city's extraterritorial
jurisdiction by metes and bounds or courses and distances.
(i) Whenever a city or county, pursuant to this section, acquires
jurisdiction over a territory that theretofore has b=e�eonrs hect to ace
jurisdiction of another local government, any pe
quired vested rights under a permit,certificate,or other evidence of
compliance issued by the local government surrendering jurisdic-
tion may exercise those rights as if no change of jurisdict�e any
occurred. The rata' or county acquiring Jurisdiction may
action regarding such a permit, certificate, or other evidence of
compliance that could have been taken by the local government
13
surrendering jurisdiction pursuant to its ordinances and regula-
tions. Except as provided in this subsection, any building, struc-
ture, or other land use in a territory over which a city or county has
acquired jurisdiction is subject to the ordinances and regulations of
the city or county.
(j) Repealed by Session Laws 1973, c. 669, s. 1.
Local Modilfcatian.-(As to Article lage of Sugar Mountain: 1986, c. 396.
19) Orange and municipalities located (As to i 160A-360)Johnston:1985(Reg.
therein: 1987,c. 233, a. 1;city of Char- Sees., 1986),c.804;Mecklenburg: 1971,
lotte: 1987, c. 123; town of Knightdale: c. 860; Pamlico County: 1977, c. 478, s.
1985, c. 664; town of Navasea: 1987, c. 3; town of Aberdeen: 1985,c 308; town
10;town of Pittaboro: 1987,c.460,e.30; of Huntereville: 1983(Reg.Sees., 1981),
town of River Bend: 1987,c.26;town of c. 966; town of Nashville: 1985, c. 217;
St. Paula: 1987, c. 200; town of town of Southern Pines: 1985, a 308;
Taylortown: 1987,c.601,s.2;village of town of Wake Forest: 1985,c. 196;town
Pinehurou 1986,c.379,a.4;c. 308;vil- of Warsaw: 1985, a 5.
§ 160A-361. Planning agency.
Any city may by ordinance create or designate one or more agen-
cies to perform the following duties:
(1) Make studies of the area within its jurisdiction and sur-
rounding areas;
(2) Determine objectives to be sought in the development of the
study area;
(3)'Prepare and adopt plans for achieving these objectives;
(4) Develop and recommend policies, ordinances, administra-
tive procedures, and other means for carrying out plans in
a coordinated and efficient manner;
(5) Advise the council concerning the use and amendment of
means for carrying out plans;
(6) Exercise any functions in the administration and enforce-
ment of various means for carrying out plans that the
council may direct;
(7) Perform any other related duties that the council may di-
rect.
An agency created or designated pursuant to this section may
include, but shall not be limited to, one or more of the following,
with such staff as the council may deem appropriate:
(1) A planning board or commission of any size (not less than
three members) or composition deemed appropriate, orga-
nized in any manner deemed appropriate;
(2) A joint planning board created by two or more local govern-
menu pursuant to Article 20, Part 1, of this Chapter.
§ 160A-362. Extraterritorial representation.
When a city elects to exercise extraterritorial zoning or subdivi-
sion-regulation powers under G.S. 160A-360, it shall in the ordi-
nance creating or designating its planning agency or agencies pro-
vide a means of representation for residents of the extraterritorial
area to be regulated. Representation shall be provided by appoint-
ing residents of the area to the planning agency and the board of
adjustment that makes recommendations or grants relief in these
matters..Any advisory board established prior to July 1, 1983, to
provide the required extraterritorial representation shall constitute
compliance with this section until the board is abolished by ordi-
nance of the city. The representatives on the planning agency and
the board of adjustment shall be appointed by the board of county
commissioners with jurisdiction over the area. If there is an insuffi-
cient number of qualified residents of the area to meet membership
requirements, the board of county commissioners may appoint as
many other residents of the county as necessary to make up the
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