HomeMy WebLinkAboutAgenda - 09-20-2005-9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 20, 2005
Action Agenda
Item No. ~ - C.
SUBJECT: Update on Planned Solid Waste Operations Center on Eubanks Road
DEPARTMENT: Planning/Solid Waste/Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
8/10/05 Chair Letter to Chapel Hill Mayor
(including 5/17/05 BOCC
Resolution of Intent and Eubanks
Road Area Map)
9/6/05 Carrboro Agenda Materials
(portion)
9/12/05 Chapel Hill Agenda Materials
(portion)
9/8/05 OWASA Agenda Materials
INFORMATION CONTACT:
Craig Benedict, 245-2585
Gayle Wilson (919) 968-2885
Geof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To discuss the status of the Board of Commissioners' proposed connection of the
planned Solid Waste Management Operations Center (to be constructed in 2006 on Eubanks
Road) to the Orange Water and Sewer Authority (OWASA) water and sewer systems,
BACKGROUND: The University of North Carolina is requiring the Town of Chapel Hill to
vacate their current Public Works site on Airport Road at the expiration of the lease in
December 2006. That will likewise necessitate the relocation of the County's Solid Waste
Management Department, which is currently housed in a modular building at the same location,
The planned building to hotase the relocated department will be sited on Orange County
property immediately adjacent to the west of the County landfill on Eubanks Road,
During two separate April 2005 meetings during which the Board reviewed and endorsed the
conceptual planning for the facility and approved its architect, the Board indicated a preference
to have the building design accommodate expanded meeting space that would be on the order
of the size of the public meeting room in the Government Services Center in Hillsborough, That
space would serve not only as training space for Solid Waste departmental staff, but would also
provide additional community meeting space and enhance opportunities for environmental
education offerings to school children, community groups, and the like.
Commissioners noted that with those uses in mind, it would be prudent far this building to be
connected to public water and sewer rather than to rely on a well and an on-site septic system
or alternative wastewater treatment system, The parcel on which this building will be
constructed is in the Rural Buffer. Extension of public water and sewer service into the Rural
Buffer is governed by the Water & Sewer Management, Planning, and Boundary Agreement
between the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and OWASA.
The Agreement contemplates the possible extension of water and sewer service into the Rural
Buffer to serve essential public facilities, but does not specify the process for doing so.
Acting on advice from the County Attorney, the Board approved a resolution on May 17, 2005
indicating to the other partners to the Agreement the BOCC's intention to connect the new
building to OWASA water and sewer under the provisions of the agreement that authorize such
service extensions for essential public facilities, The Chair sent letters to the Mayor of each
Town and to the Chair of OWASA's Board of Directors requesting comment from each
governing board regarding the County's planned request (letter to Chapel Hill attached far
reference purposes).,
Carrboro, Chapel Hill, and OWASA boards have all discussed this issue recently. Background
materials and/or actions taken from those respective Board meetings are attached for the
BOCC's information. It has been suggested that this issue be scheduled far discussion at the
September 29, 2005 Assembly of Governments meeting at Carrboro Town HaIL The BOCC
may wish to discuss at this September 20 meeting what points it wishes to emphasize regarding
this topic during the upcoming AOG meeting.
FINANCIAL IMPACT: There is no direct financial cost associated with the discussion of this
topic.
RECOMMENDATION(S): The Manager recommends that the Board review the accompanying
information and consider the BOCC's position on the topic for discussion at the September 29
Assembly of Governments meeting.
MOSES CAREY, .JR., CHAIR ORANGE COUNTY BOARD OF COMMISSIONERS
BARRY,/AG085, VICE CHA/R p0S"I" OFFICE BOX o ~ O t
VALERIE P. FOUSHEE [- U O O
'UCE M. GORDON zp0 SOUTH CAMERON STREET
FPNENK HALIOOTIS'
HILLSBOROUGH, NORTH CAROLINA 27278
August 10, 2005
Mayor Kevin Foy
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514
~~~
Dear Mayor
With the planned development of the Horace Williams Tract by the University,
Orange County will have to relocate its Solid Waste Management Department
administrative offices by the end of 2006 from the current site of the Town of Chapel
Hill's Public Works Department, 1"he County has begun planning for this change and
has retained the services of an architectural firm to design a new Solid Waste
Operations Center on County property located adjacent to and immediately west of the
active mixed solid waste landfill on the south side of Eubanks Road.
The property on which the new facility will be situated is located in the rural
buffer. The Board of Commissioners adopted a resolution in May indicating the Board's
intent to request that OWASA provide both water and sewer service to the new facility.
In accordance with the provisions of the Water & Sewer Management, Planning, and
Boundary Agreement to which the County, Towns, and OWASA are parties, we are
formally soliciting the comments of your governing board regarding the County's plans to
request water and sewer service to this essential public facility,
We would appreciate any feedback on this matter from your governing board by
September 15, 2005. Note that although our resolution contemplated feedback from the
Towns and OWASA by June 7, changes to the project planning timeline since adoption
of the May 17 resolution mitigated the need for immediate feedback from our partners in
the agreement, Your consideration of this issue and provision of any written comments
by mid-September will help us with our building design schedule.
Sin erely,
Moses Garey, Jr.
Chair, Board of County Commissioners
www.co.oranue.nc.us
Protecfing and preserving -People, Resources, Quality of Life
Orange County, North Carolina -You Countt
(919J 245-2130 • F,4:: (919) 644-0246
ORANGE COL°IQTY BOARD OF CO't411'tSSSIONERS
A RESOLUTION OF IIv'TENT TO COIv`I~`ECT OR'.4SA PUBLIC RATER A?~`D SEii'ER SERVICE
TO THE PROPOSED NEiV SOLID BASTE AZANAGE?•'LEA'T OPERATIONS CENTER, TO BE
LOCATED LN THE RUR4I. BUFFER
ii'hereas, extension of public Hater and seiner sen~ce into the Rural Buffer is governed by the Mater R:
Sewer AQanagement, Planning and Boundary Agreement (herein ]monm as the Agreement); and
ii'hereas, The Toum of Carrboro, The Toun of Chapel Hill, The 7oum of Hillsborough, Orange County, and
the Orange Water and Seu•er Authority (0\NASA) are parties to the Agreement; and
R'hareas, Orange County intends to construct a new Solid Waste 1\4anagement Department Operations
Center on Orange County Tax Parcel 7 16.27C, a 4.05 acre parcel ofland ot~-ned by Orange Count}; and
\Vhereas, the parcel contains a site with Entironmental Healdt Division approval for a septic system suitable
far a q~pical 6,500-sq. ft. office building; and
R'hereas, the Operations Center is planned to include a community meeting room and educational facility
that would eenerate sufficient tdsitors/occupants, perhaps up to 75 at one time, as to likely overburden the
available septic system site; and
ii'hereas, the parcel on which the Operations Center is to be constructed is located in the Rural Buffer of the
.Joint Planning Area, located in the Long Term Interest Area of OiNASA as described in the Agreement,
borders and is directly adjacent to the current Orange County Land&Il, which is located in the Town of
Chapel Hill's Transition 4rea of the Joint Plannine Area and located in O\N.ASA`s Primary Service .Area;
and
R'hereas, the parcel on which the Operations Center is to be consW cted is situated such that an extension of
public water and sewer sendce to sense it would touch no other Hon-County Domed property and thus not
provide any likelihood or opportunity for further extension oI these sen~ces into the Rural Buffer, and
R'hereas, the Agreement does not prescribe the method by which public water and/or sewer service is to be
extended to serve an essential public facility located in the Rural Buffer.
NOiN, THEREFORE, BE IT RESOLVED that Orange County hereby notifies the 7o~vn of Carrboro; The
Toum of Chapel Hill, The Toum of Hillsborough, and OiNASA that it intends to apply to OWASA for public
water and sewer service to sense only Orange County Tax Parcel 7..1 S 27C and that this application will be
made under the proidsions of the AS~reement authorizing public water and sewer service in the Rural Buffer
to sense an essential public facility
BET[ FLiRTHER RESOLVED that Orange County welcomes comments, respectfully requested to be
received on or before June 7, 3004, from The'Iou•n of Carrboro, The Toum of Chapel Hill, The Toun of
Hillsborough, and O\NASA regazding Orange County's intention to seine Orange County Tax Parce]
7 16 ,37C. utith public water and sewer prodded by OVIASA
ATTEST:
Do Baker
Cterk to the Board of Commissioners
This, the 17tH day of A'Iay, 2005
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BOARD OF ALDERMEN
AGENDA ITEM ABSTRACT
MEETING DATE: September 06, 2005
ITEM NO. >~
TITLE: Orange County Solid Waste Operations Center-Sewer Extension
DEPARTMENT: PLANNING PUBLIC' HEARING:
YES-NO X
ATTACHMENTS: FOR INFORMATION
A. Resolution CONTACT:
B. August 10, 2005 Request from Orange Roy Williford, 918-7325
County
C. Joint Planning Agreement
D. Water and Sewer bounda A reement
PURPOSE
The purpose of this item is for the Carrboro Board of Aldermen to review a request from
Orange County for OWASA to extend both water and sewer into the rural buffer to
service the new Solid Waste Management Operations Center. Orange County is
formally requesting feedback from the Board of Aldermen on their plans to extend
water and sewer into the rural buffer to service an "essential public facility",
INFORMATION
According to an August 10, 2005 letter (Attachment-B) from Moses Carey, chair of the
Orange County Board of Commissioners, the existing Solid Waste Management
Department's administrative offices must be relocated from the Horace Williams tract to
anew location by the end of 2006. The new location chosen by Orange County is on
county owned property next to and west of the active mixed solid waste landfill on the
south side of Eubanks Road (see map provided with Attachment B). According to a
resolution attached to the county's request, the new operations center will need both
water and sewer service from OWASA since the center will include a community
meeting room educational facility that may generate up to 75 visitors/occupants at any
one time creating a waste water treatment demand beyond the capacity of the septic
system approved by the Health Division for a typical 6,000 square foot office use. The
new sewer line alignment shown on the accompanying map proposes a connection to an
existing sewer line north of Eubanks Road and east of Mill House Road in Chapel Hill's
transition area. The proposed sewer line then extends west under Mill Hotise Road and
the railroad for about 400 feet, then south to the south side of Eubanks Road. The sewer
then extends west approximately 2,900 feet along the south side of'Eubanks Road and
along the landfill's road frontage to the proposed solid waste operations center site
located adjacent to Chapel Hill's Transition Area but within the Rural Buffer. Another
sewer alternative may be possible that connects the proposed operations center site from
the south going under Rogers Road to connect with the Bolin Creek sewer outfall. This
Page 2
Agenda Item Abshact D(I)
September 6, 2005
alternative should operate with gravity flow verses the proposed connection which relies
on the use of a pump station. An evaluation of this alternative may be worthwhile from
an overall benefit-cost and customer service perspective, and should assist in the
decision-making process.
Orange County is seeking feedback from parties to the .Joint Planning Agreement and
the Water and Sewer Management Planning and Boundary Agreement (water and sewer
agreement) since the site for the new Solid Waste Management Operations Center is
located within the rural buffer as defined by the ,joint planning agreement and within
OWASA's Long Term Interest Area as defined by the water and sewer agreement.
Orange County is referring to the Solid Waste Operations Center as an "essential
public facility" and is asking for comments on their request to OWASA for an
extension of public sewer to serve an essential public facility as provided for' by the
water and sewer boundary agreement. Relevant sections of both agreements are
provided as follows and the agreements are provided as attachments "C" and "D"
respectively,
Relevant Sections from the Joint Ptannine Agreement
Section 1.2((3) of'the Joint Planning Agreement defines the Rural Buffer as follows:
Rural Buffer.
That portion of the Joint Planning Area designated on the .Joint Planning Area Land
Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural
Residential, Agricultural, Public/Private Open Space, Resource Conservation,
Extractive/Disposal Use and the overlay district designated University Lake
Watershed Area. This area is further defined as being aloes-density area consisting
ofsingle-family homes situated on large lots having a minimum size of two (2) acres..
The Rural Buffer is further defined as land which, although adjacent to an Urban or
Transition area, is coral in character and which will remain rural, contain low-density
residential uses and not require urban services (public utilities and other town
services).
Section 1.4 of Joint Planning Agreement incorporates the water and sewer agreement as
follows:
Linkage with the Water and Sewer Management, Planning and Boundary Agreement
The Water and Sewer Management, Planning and Boundary Agreement (hereinafter
WSMPBA) is incorporated into this agreement by reference. A copy of the
WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not
terminate this agreement. The withdrawal by a party from the WSMPBA does not
constitute withdrawal from this agreement.. Termination of this agreement or
withdrawal from this agreement can only be accomplished as provided in this
agreement,
Relevant Sections from the Water and Sewer Agreement
Section III of the Water and Sewer Agreement defines OWASA Lone-Term Interest Area
as:
An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix
A) within which public water and/or sewer service is not anticipated to be made, but if
09-06-2005#3
~~
Page .3
Agenda Item Abshact D(1)
September 6, 2005
such services are to be provided, OWASA will be the responsible utility service provider..
Long-Term Interest Areas are not service areas, and do not include areas outside of
Orange County. OWASA's Long-Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Section III of the Water and Sewer Agreement defines Essential Public Facility as:
A publicly-owned facility, or a Facility wholly financed by Federal, State or local
government (or a combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire station, public safety
substation or solid waste convenience center)..
Section V. Procedures for Providing Services
B. Procedures for the provision of service within the Service
Areas and Interest Areas
1 When water and sewer service provision is required to address an adverse public health
condition, or to provide service to an essential public facility, the designated provider for
the service area or interest area shall have the right of first refusal to provide such service.
Section VI Limitations on Service
B. Adverse Public Health Conditions
2. The final decision to use any particular means or tool for rectifying any particular
adverse public health condition remains, through zoning regulations or other land
use ordinances, with the governmental entity or entities having zoning or planning
,jurisdiction over the area where the adverse public health condition exists.. In the
Orange County-Chapel Hill-Carrboro Joint Planning Area, the .Joint Development
Review Areas shall be used to determine which of the JPA parties shall jointly
decide on the appropriate means or tool for rectifying an adverse public health
condition.. Public water or public sewer lines extended to provide service to an
adverse public health condition or essential public facility cannot be used for'
other purposes or other parties, except as provided in Section VLD.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service
to an adverse public health condition or essential public facility
cannot be used for other purposes or other parties, except to
remedy another adverse public health condition.
E. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly schools, requires
special consideration for access to public water and sewer lines. Where possible,
schools shall be sited in a manner that promotes the efficient use of existing water
and sewer service. Preferably, a set of criteria governing such situations would be
developed based on consultations between the appropriate school boards and the
elected officials of affected jurisdictions, and applied as necessary. Publicly-
owned facilities other than a public school shall be located in a manner that
promotes the orderly provision of water and sewer service. The preferred method
09-06-2005#3
l~J
Page 4
Agenda Item Abstract D(1)
September 6, 2005
of connection is to lines that already exist, or in a manner that would minimize the
need to extend existing lines,
FINANCIAL IMPACT
This request for comments has no financial impact.
STAFF RECOMMENDATION
The staff recommends that the Board of Aldermen adopt the attached resolution
transmitting their comments as requested by the Orange County Board of Commissioners
09-06-2005#3
i~~
ATTACHMENT "A"
A RESOLUTION TRANSMITTING COMMENTS TO THE ORANGE COUNTY
BOARD OF COMMISSIONERS REGARDING THEIR PROPOSAL TO EXTEND
WATER AND SEWER SERVICE TO A NEW SOLID WASTE OPERATIONS
CENTER PROPOSED ON A SITE WITHIN THE
JOINT PLANNING AREA RURAL BUFFER
Resolution No. 12/2005-06
WHEREAS, The Orange County Board of Commissioners in a letter dated August IQ
2005 requested feedback from the Carrboro Board of Aldermen on the their request for
OWASA to extend water and sewer facilities into the Joint Planning Area Rural Buffer to
service a new Orange County Solid Waste Operations Center;
WHEREAS, The proposed solid waste operations center site is located within OWASA's
bong Term Interest Area as defined in the Water and Sewer Management Planning and
Boundary Agreement (Water Sewer Boundary Agreement) adopted by Orange County,
Carrboro, Chapel Hill and Hillsborough;
WHEREAS, The Joint Planning Agreement adopted by Orange County, Carrboro and Chapel
Hill defines the Rural Buffer as an area that is rural in chazacter and which will remain rural,
contain low-density residential uses and not require urban services (public utilities and other town
services);
WHEREAS,the Water and Sewer Boundary Agreement allows the extension of water and
sewer facilities to exclusively serve an "essential public facility"located within
OWASA's Long-Term Interest Area which includes the rural buffer ;
WHEREAS, Orange County defines the Solid Waste Operations Center as an "essential
~blic facility";
NOW, THEREFORE, BE IT RESOLVED by the Carrboro Board of Aldennen that:
1. The County's request for extending water and sewer facilities to serve their Solid
Waste Operations is consistent with the water and sewer boundary agreement
authorizing the extension of water and sewer to serve an essential public facility;
2. Orange County consider an amendment to the Joint Planning Area Land iJse Plan
and .Joint Planning Area Map to include the Solid Waste Operations Center site
within Chapel Hill's transition azea; and
3. Orange County is requested to work with OWASA, Carrboro and Chapel Hill to
fully explore alternative sewer connection routes that utilize gravity flow.
ATIACHMENT "B"
r
NoSrs cmr,.hc. o+un ORANGE COUNTY BOARD OF COMMISSIONERS
9uRV.Ufn45. Vic[Gw,r
V lme P. FOVSr,ce
POST OFFICE BOX 8781 li Y
ux:err. caaow+ 200 SOUTH CAMERON STREET
NORTH CAROLINA 2727E
HILLSBOROUGH
, ~~`rb Q!•s0,
August 10, 2005
Mayor Mlke Nelson
Town of Carrboro
301 West Main Street
Carrboro. NC. 27510
Dear Mayor Ne ~on.
Wllh the planned development of the Horace Williams Tract by the University,
Orange County will have to relorale its Solid Waste Management Deparbent
administrative ofNces by the end of 2006 from the curtenl site of the Town of Chapel
Hlil's Public Works Department.. The County has begun planning for This change and
has retained the services of an amhilequral Nrm to design a new Solid Waste
Operations Center on County property located adjacent to and immediately west of the
active mixed solid waste landfill on the south side of Eubanks Road.
The property on which the new facility will be situated is located in the rural
buNec The Board of Commissioners adopted a resolution in May indicating the Board's
Intent to request that OWASA provide both water and sewer service to the new facility.
In accordance with the provisions of the Water & Sewer Management, Planning, and
Boundary Agreement to which Iha County, Towns, and OWASA are parties, we are
formally soliciting the wmments of your goveming board regarding the Coun(ys plans (o
request water and sewer service to This essenliai public lacilily.
We would appreciate any feedback on this matter from your goveming boartl by
September 15, 2005. Note that although our resolution contemplated feedback from the
Towns and OWASA by June 7, changes to the project planning timeline since adoption
of the May 17 resolution mitigated the need for immediate feedback from our perNers in
the agreement. Your consideration of this issue and provision of any wdNen comments
by mid-September will help us with our building design schedule
Sin ely.
Moses Carey, Jr.
Chair. Board of County Commissioners
ii
~!+LS2P~24B,_n~Y2
Profodin0 end pmmrvin0-People, Rosou¢ps, Oualily of Ulo
Omngo County, North Comlino-YOU Covnlf
(Or9J 248-2f00~• FAX (9f91644~0246
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,2
ATTACHMENT "B"
<~
ORANGE COUNTY 60ARD OF C09LafISS10NERS
A RESOLUTION OF LnTENT 70 CONTECT OWASA PU-LIC tYATER AND SEWER SERVICE
TO TILE PROPOSED NEN SOLiD WASTE hWiAGEh7ENT OPERATIONS CENTER, TO DE
LOCATED LY THE RURAL DUFFER
15'hertas, <xsension of public xaler and newer Senice into she Rural Buller is governed by the W altt &
Saver hdanagemmt, Planning and Boundary Agreemem (herein kmnwT u she A¢eemenQ; and
\1'bereas, The 7oum of Carrbwo, The Town of Chapel Hill, The Town of Hillsborough. Orange County, end
fie Orange Wafer and Sewer Authority (DWAgAJ ¢rc panics to the Agseemmt; and
R'htrens, Orange County intends to cronswd a new Solid {Vaste hlenagemem Department Opcndons
Center on Orange Cvunry Tax Parcel 7 18 27C, a 4 03 acre parcel of land awned by Orange County, and
{Y6areas, the pucd wnlnins arise with EnWmmnenul Hmish Diaision approval for a septic system suitable
fora rypio16,i40-sq ft.Officebuilding: and
\5'hertas, she Optt¢uvns Center iz plemed to include a community mee[ing sovm and educadonal 6ciliry
th¢t would generate suRicient dsitors/occupants, perhaps up to 73 atone time. a Io likely overburden the
nvaila6le optic system site; and
A'bereas, she parcel on which the Operations Cmta is so be conswded is located in the Rwal Bufftt of she
Joint Planning Arn,located in the Lang Term lnterul Area ofOWASA as deuribed in 1FK Agreenscnt,
borders and is dir<edy adjaunt to she cummt Orange County Land-Il, which is loc¢Ied in the Taxm of
Chapel HiII's Trensidon Asti v(Ihe ]vine Planning Ama and load in O\VASA's Primary Senice Area;
and
Whereas, the pastel on which she ODrndons Crnter is Io be canstrvned is situated such Chas m ex[ension aT
public water and sewer service m serve it would touch sro athm nonLounry owned property and llsus not
provide any lit;elihood err oppornmiry for further extension afthese services into she Runt Butiv, and
{5'here¢s, she Agtxmmt does not prtscribe the m<tlwd by which public canter and/or ux•er Senice is to be
extended m urve an asrniial public ftcility located in she Rural Buller
NOW, THEREFORE, -E 17 RESOL{'ED that Orange County hereby notifies the To\tm of Canbam, The
Tdan of Chapel Hill, The loan of Hillsborough, and OWASA shat it intends so spply to OWASA for public
walerend sewer service to seine ardy Orange County Tox Parcel 7..1S 27C andlhat this application alit)be
nwde under the proiisions of the Agreemrnl authorizing public w¢fer and sex¢r ten^ice in the Rural Buffer
Io unx an eszemial public facility
BE iT FURTHER RESOL{'ED that Orange Cbunry wdcames comments. respecUully requested m be
received on or before lone 7, 2005, from The Town o(Certbom, The Toum of Chapel Hill, The Town of
Hillsbaough, and O WASH regarding Orange Caunry's intention to serve Orange County Tax Parcel
7 18 27C with public water and sewer prodded by OW ASA
T61s, the ] 7th day afMay, 2005
A1ascs C¢rep, Jr
Chair. Orange Cnunry Bo d ommissivners
ATTEST:
Do ekrs
Clnk so shr -owd of Commissioners
13
_3
ATTACHMENT "B"
MEMORANDUM
MEMORANDUM
Page 1 of 6
~q-
AGENDA #12
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Proposal to Provide Water and Sewer Service at Orange County Solid Waste
Operations Center on Eubanks Road.
DATE: September 12, 2005
PURPOSE
This memorandum provides information concerning plans by the Board of County Commissioners to
request that OWASA provide water and sewer service connections to the proposed Orange County
Solid Waste Operations Center on Eubanks Road,
The attached resolution would request that the Board of County Commissioners discuss this matter at
the Assembly of Governments on September 29, 2005,
BACKGROUND
On May 17, 2005, the Orange County Board of Commissioners adopted a resolution of intent to
connect OWASA public water and sewer service to the proposed new solid waste operations center.
The resolution notified the Town of Chapel Hill, the Town of Carrboro, the Town of Hillsborough,
and OWASA who are the parties to the Water and Sewer Management, Planning and Boundary
Agreement.. Please see Attachment 1.
On August 10, 2005, Mayor Foy received a letter from Moses Carey, .1r. Chair of the Board of
County Commissioners. The letter solicited comment from the Town Council regarding the County's
plans to request water and sewer service to the proposed solid waste operations center, Please see
Attachment 2,
The University of North Carolina is requiring the Town of Chape] Hill to vacate its current Public
Works site on the Horace Williams property at the expiration of the lease in December 2006. That
will require the relocation of the County's Solid Waste Management Department, which is currently
at the same location. Orange County proposes to construct a building for the relocated department on
Orange County property to the west of the County landfill on Eubanks Road. Please see Attachment
3 (location map).
The 4 acre property is located in the Rural Buffer as defined by the .Joint Plamring Agreement
between Orange County, the Town of Chapel Hill and the Town of Cazrboro, The existing landfill
site marks the western boundary of the Chapel Hill Urban Services Boundary, the OWASA Primary
Service Area and the Town of Chapel Hill Transition Area.. The property is also locatedrn the Chapel
Hill Joint Development Review ?,rea and in the OWASA Long-Term Interest Area as set out in the
Joint Planning Agreement,
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MEMORANDUM
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15
The property contains a site with a County Environmental Health Division Approval for a septic
system suitable for a typical 6,500-square foot office building.
The proposed design of the building includes meeting space that would serve as training space for the
Solid Waste departmental staff and also for community meeting space and as an educational facility.
The Board of Commissioners believe that with those uses in mind, which could generate
visitors/occupants up to 75 at one time, that it would be prudent for the building to be connected to
public water and sewer,
Please see Attachment 4 which provides a summary of the agreements and plans which are relevant
to the consideration of tlris matter.
DISCUSSION
The Board of County Commissioners has notified the Town that it intends to apply to OWASA for
public water and sewer service to its property which is located in the Rural Buffer in order to serve
what they believe is an essential public facility.
We believe the Boazd of County Commissioners is requesting comment fiom the Town Council
because the Town is a party to the Joint Planning Agreement which includes the Water and Sewer
Management, Planning and Boundary Agreement (Attachment 5), In accordance with that agreement
OWASA would not provide water and sewer service in the Rural Buffer unless it was to address an
adverse health condition or to connect an essential public facility.
We believe the key issues in the County's proposal to extend water and sewer into the Rural Buffer
include:
Consistency with Policy, Agreements and Plans:
The Joint Planning Agreement states that the Rural Buffer should remain rural in character and not
require urban services, However the Water and Sewer Management, Planning and Boundary
Agreement which is incorporated in the Joint Planning Agreement allows for the extension of
services in the Rural Buffer to development which is for an essential public facility,
Potential Impact on Development in the Rural Buffer:
The Orange County proposal is to extend services from the existing land-fill site, which is located
inside the Urban Services Boundary and the OWASA Primary Service Area, into the adjoining land
to the west, The extension area is in the Rural Buffer. The water and sewer lines are proposed to be
entirely on Orange County property and therefore would be under the County's control,
Essential Public Purpose:
Solid waste management is a public purpose. In addition to the Solid Waste Operations Center the
development concept includes the provision for additional community meeting space and a facility
for environmental education.
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MEMORANDUM
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I~ .
Environmental Benefits:
We believe that there would be environmental benefits to connecting the facility as envisioned to
water and sewer services rather than to rely on a well and on-site septic system or' alternative
wastewater treatment system..
Procedural Option:
A procedural option that could be explored would involve an amendment to the .Ioint Planning Area
Land Use Plan and Map to include the proposed Solid Waste Operations Center site within Chapel
Hill's Transition Area. If this item is included on the agenda for the September 29 Assembly of
Governments meeting this option could be discussed.
CONCLUSIONS
We believe that there aze provisions within the existing policies, plans and agreement concerning this
location that would allow for the extension of public utilities to an essential public facility in the
Rural Buffer. We also believe that it would be beneficial for the Council to receive additional
information about the County's proposal before offering comments or taking other action.
RECOMMENDATION
Man_ager's Recommendation: We recommend that the Council adopt Resolution A requesting that
the Boazd of County Commissioners present additional information about this proposed development
at the Assembly of Governments on September 29, 2005. Alternatively, the Council could conclude
that it has sufficient information to agree or disagree that the proposed development is an essential
public facility. Resolution B would find that the proposed Solid Waste Operations Center is an
essential public facility and is consistent with the water and sewer boundary agreement. Resolution C_.
would find that the proposed Solid Waste Operations Center is not an essential public facility and is
not consistent with the water and sewer boundary agreement.
ATTACHMENTS
1. Memorandum to Orange County Board of Commissioners dated May_17~ 2005 (p. 7).
2. Letter to Mayor Foy dated August 10 2005 (p. 11).
3. Location Map (p. 14).
4. Summary of Agreements (p. 15).
5. Water and Sewer Management. Plamring and Boundary Agreement, November 2001 (p. 35),
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MEMORANDUM
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I~
RESOLUTION A
(Manager's Recommendation)
A RESOLUTION TRANSMITTING COMMENTS TO ORANGE COUNTY REGARDING
THE PROPOSAL TO EXTEND WATER AND SEWER SERVICE TO A NEW SOLID
WASTE OPERATIONS CENTER PROPOSED ON A SITE WITHIN THE JOINT
PLANNING AREA RURAL BUFFER AND REQUESTING A DISCUSSION OF THE
MATTER AT THE ASSEMBLY OF GOVERNMENTS (2005-09-12/R-19a)
WHEREAS, the Orange County Board of Commissioners in a letter dated August 10, 2005 requested
comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water
and sewer facilities into the Joint Planning Area Rural Buffer to serve a new Orange County Solid
Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA's Long-
Terrn Interest Area as defined in the Water and Sewer Management Planning and Boundary
Agreement (Water and Sewer Boundazy Agreement) adopted by Orange County, Carrboro, Chape]
Hill and Hillsborough; and
WHEREAS, the .Joint Planning Agreement adopted by Orange County, Carrboro and Chapel Hill
defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-
densityresidential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Council would benefit from having additional information about the proposed
development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council request that the Boazd of County Commissioners present additional information about their
proposed development at the Assembly of Governments on September 29, 2005,
This the 12~' day of September, 2005..
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I~
RESOLUTION B
A RESOLUTION FINDING THAT ORANGE COUNTY PROPOSAL TO EXTEND WATER
AND SEWER TO A SOLID WASTE OPERATIONS CENTER LOCATED IN THE RURAL
BUFFER IS DEEMED AN ESSENTIAL PUBLIC FACILITY (2005-09-12/R-19b)
WHEREAS, the Orange County Board of Commissioners in a letter dated August 10, 2005 requested
comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water
and sewer facilities into the Joint Planning Area Rural Buffer to service a new Orange County Solid
Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA's Long-
Term Interest Area as defined in the Water and Sewer Management Planning and Boundary
Agreement (Water and Sewer Boundary Agreement) adopted by Orange County, Cazrboro, Chapel
Hill and Hillsborough; and
WHEREAS, the Joint Planning Agreement adopted by Orange County, Cazrboro and Chapel Hill
defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-
density residential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Water and Sewer Boundary Agreement allows the extension of water and sewer
facilities to exclusively serve an "essential public facility" located within OWASA's bong-Term
Interest Area which includes the rural buffer ;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council finds the C.ounty's request for extending water and sewer facilities to serve the proposed
Solid Waste Operations Center is consistent with the water and sewer boundary agreement
authorizing the extension of water and sewer to serve an essential public facility..
This the 12d' day of September, 2005,
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MEMORANDUM
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1G
RESOLUTION C
A RESOLUTION FINDING THAT ORANGE COUNTY PROPOSAL TO EXTEND WATER
AND SEWER TO A SOLID WASTE OPERATIONS CENTER LOCATED IN THE RURAL
BUFFER IS NOT DEEMED AN ESSENTIAL PUBLIC FACILITY (2005-09-12/R-19c)
WHEREAS, the Orange County Board of Commissioners in a letter dated August ] 0, 2005 requested
comments from the Chapel Hill Town Council on the proposal to apply to OWASA to extend water
and sewer facilities into the Joint Planning Area Rural Buffer to service a new Orange County Solid
Waste Operations Center; and
WHEREAS, the proposed Solid Waste Operations Center site is located within OWASA's Long-
Term Interest Area as defined in the Water and Sewer Management Planning and Boundary
Agreement (Water and Sewer Boundary Agreement) adopted by Orange County, Carrboro, Chapel
Hill and Hillsborough; and
WHEREAS, the Joint Planning Agreement adopted by Orange County, Cazrboro and Chapel Hill
defines the Rural Buffer as an area that is rural in character and which will remain rural, contain low-
density residential uses and not require urban services (public utilities and other town services); and
WHEREAS, the Water and Sewer Boundary Agreement allows the extension of water and sewer
facilities to exclusively serve an "essential public facility" located within OWASA's Long-Tenn
Interest Area which includes the rural buffer;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Council finds the County's request for extending water and sewer facilities to serve the proposed
Solid Waste Operations Center is not consistent with the water and sewer boundary agreement
authorizing the extension of water and sewer to serve an essential public facility.
This the 12~' day of September, 2005.
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~o
ORANGE GOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17, 2005
ATTACHMENT 1
Action Agen a
Item No.
SUBJECT: Resolution of intent to Connect OWASA Public Water and Sewer Service
to the Proposed New Solid Waste Operations Center _ ~_
DEPARTMENT: Planning/Solid Waste/Attorney PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Draft Resolution Craig Benedict, 245-2585
Eubanks Road Area Map Gayle Wilson (919) 968-2885
Gecf Gledhill, 732-2196 __
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hlll 968.4501
Durham 688-7331
Mebane 336-227 2031
PURPOSE: To consider approving a resolution of intent to connect the planned Solid Waste
Management Operations Center (to be constructed in 2006 on Eubanks Road) to OWASA's
water and sewer system.
BACKGROUND: The University of North Carclina is requiring the Town of Chapel Hill to
vacate their current Public Works site on Airport Road at the expiration of the lease in
December 2006. That will likewise necessitate the relocation of the County's Solid Waste
Management Department, which is currently housed In a modular building at the same location.
The planned building to house the relocated department will be sited on Orange County
property immediately adjacent to the west of the County landfill on Eubanks Road.
The Board of Commissioners discussed and endorsed the conceptual planning for this facility at
their April 12, 2005 meeting, and approved an agreement for architectural design services of
the building at their April 19, 2005 meeting. During both meetings, the Board indicated a
preference to have the building design accommodate expanded meeting space that would be
on the order of the size of the public meeting room in the Government Services Center in
Hillsborough. That space would serve not only as training space for Solid Waste departmental
staff, but would also provide additional communtty meeting space and enhance opportunities for
environmental education offerings to school children, community groups, and the like.
Commissioners noted that with those uses in mind, it would be prudent for this building to be
connected to public water and sewer rather than to rely on a well and an on-site septic system
or alternative wastewater treatment system. The parcel on which this building will be
constructed is in the Rural Buffer. Extension of public water and sewer service into the Rural
Buffer is governed by the Water & Sewer Management, Planning, and Boundary Agreement
between the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and the Orange
a-
Water and Sewer Authority (OWASA). The Agreement contemplates the possible extension of
water and sewer service into the Rural Buffer to serve essential public facilities, but does not
specify the process for doing so.
Therefore, the Attorney and staff recommend that the Board indicate to the other partners to the
Agreement, by means of the accompanying resolution, the Board's intention to connect the new
building to OWASA water and sewer under the provisions of the agreement that authorize such
service extensions for essential public facilities,
E{sewhere on this May t 7 agenda, the BOCC will consider authorizing design of a force main
and gravity sewer connection from Landfill property to the OWASA sanitary sewer system to
eliminate the need to pump and haul landfill leachate. If that system is approved, a sewer
connection from the new pump station to the Solid Waste Operations Center could be designed
into the Rural Buffer entirely across County owned properly (as reflected on the accompanying
aerial photograph of the landfill area). OWASA water is already provided to the Landfill, and
could likewise be extended into the Rural Buffer across County property to serve the new
Operations Center. Therefore, the contemplated utility extensions could be constructed so as
not to promote development of other properties in the Rural Buffer.
If the Board approves the accompanying Resolution, staff will transmft the Resolution to the
Towns and OWASA so that the respective governing boards can provide comments, if any.
FINANCIAL IMPACT: There is no direct financial cost associated with the approval of this
resolution,
The April 19, 2005 approved architects cost proposal for the Operations Center project design
fees assumes that the County will connect to nearby OWASA water and sewer lines, If the
County were to pursue an onsite septic system design, the quoted fee would increase by
$1,500 to $126,300, Staff assume that design fees would be unaffected by a decision to use a
well Instead of connecting to OWASA water.
While the Operations Center has not yet been designed and a specific project budget has not
been formally established by the BOCC, staff have been using a preliminary working
assumption of a building design and construction budget on the order of $1 million (which would
be financed through the Solid Waste/Landfill Enterprise Fund). If the Board determines that it
would Ilke to proceed with connecting the new facility to the OWASA water and sewer systems,
staff assume that the water extension will approximately equal the cost of using a water well.
Preliminary engineering estimates are that construction of the sewer extension from the new
pump station mentioned above to the new Operations Center would be in the range of
$175,000 _ $200,000 (that amount would also be financed through the Enterprise Fund),
RECOMMENDATION(S): The Manager recommends that the Board adopt the accompanying
resolution of intent and distribute it for comment to the governing boards of the other parties to
the Water & Sewer Management, Planning, and Boundary Agreement..
D as
9
DRAFT 3
ORANGE COUNTY BOARD OF
A RESOLUTION OF IIVTENT TO CONNECT OWASA PUBLIC WATER AND 3EWER SERVICE
TO TBE PROPOSED NEW SOLID WASTE MANAGEMENT OPERATIONS CENTER, TO BE
LOCATED IN THE RURAL BUFFER
Whereas, extension of public water and sewn service into the Rural Buffer is govemcd by the Water &
Sewer Management, Planning and Boundary Agreement (herein known as the Agreement); and
Whereas, The Town of Cerrboro, The Town of Chapel Hill, The Town of Hillsborough, Orange County, and
the Orange Water and Sewer Authority (OWASA) are parties to the Agreement; and
Whereas, Orange County intends to construct a new Solid Waste Management Departrnent Operations
Cenur on Orange County Tax Parcel 7.18 .27C, a 4.05 acre parcel of land owned by Orange County; and
Whereas, the parcel contains a site with Environmental Health Division approval For a septic system suitable
for a typical 6500-sq. ft. office building; and
Whereas, the Operations Center is planned to include a community meeting room and educational facility
that would generate sufficient visitors/occupants, perhaps up to 75 at one time, as to likely overburden the
available septic system site; and
Whereas, the pazcel on which the Opemtons Cantu is to be constructed is located in the Rural Buffer of the
Joint Planning Area, located in the Lang Tenn Interest Area of OWASA as described in the Agreement,
borders and is directly adjacent to the current Orange County Landfill, which is located in the Town of
Chapel Hilt's Transition Area of the Joint Planning Area and located in OWASA's Primary Service Area;
and
Whereas, the parcel on which the OpemGons Center is to be constructed is situated such that an extension of
public water and sewer service to serve it would touch no othu non-County owned property and thus not
provide any likelihood or opportunity for Curtner extension of these services into the Rural Buffu; end
Whereas, the Agreement does not prescribe the method by which public water and/or sewer service is to be
extended to serve an essential public facility located in the Rural Buffer.
NOW, THEREFORE, BE IT RESOLVED that Orange County hereby notifies the Town of Canboro, The
Town of Chapel Hill, The Town of Hillsborough, and OWASA that it intends to apply to OWASA for public
water and sewer service to serve only Orange County Tax Parcel 7 18.,2'7C and that this application will be
made under the provisions of the Agreement authorizing public water and sewer service in the Rural Buffer
to save an essential public facility
BE IT FURTHER RESOLVED that Orange County welcomes comments, respectfully requested to be
received on or before June 7, 2005, from The Town of Carrboro, The Town of Chapel Hill, The Town of
Hillsborough, and OWASA regarding Orange County's intention to serve Orange County Tax Parcel
7.18..27C with public water and sewer provided by OWASA
This, the 17th day of May, 2005
Moses Carey, Jr.
Chair, Orange County Board of Commissioners
A'ITES'J:
Donna Baker
Clerk to the Board of Commissioners
~, 3
r Summary r Building ~ Land r Documents ~ Prior Owners ~ Addresses
Gaate Prlnt Data Page
~~
MasES Caner, JR., craua ORANGE COUNTY BOARD OF COMMISSIONERS
Bannr./acoa~ Vice Ctuvn POST OFFICE BOX 818 ~
VALERIEP. FOUSHEe
•uceM. GoneoN 200 SOUTH CAMERON STREET'
FiiffNH HA000'RS
HIIISBOROUGH. NORTH CAROLINA 27278
August 10, 2005
Mayor Kevin Foy
Town of Chapel Hill
405 Martin Luther fling Jr. Blvd.
Chapel Hili, NC 27514
Dear Mayor
a~
ATTAC NT 2
r
37 4
°<<a ent^`~`
With the planned development of the Horace Williams Tract by the University,
Orange County will have to relocate its Solid Waste Management Department
administrative offices by the end of 2006 from the current site of theTown of Chapel
Hill's Public Works Department The County has begun planning for this change and
has retained the services of an architectural firm to design a new Solid Waste
Operations Center on County property located adjacent to and immediately west of the
active mixed solid waste landfill on the south side of Eubanks Road.
The property on which the new facility will be situated is located in the rural
buffer. The Board of Commissioners adopted a resolution in May indicating the Board's
intent to request that OWASA provide both water and sewer service to the new facility.
In accordance with the provisions of the Water & Sewer Management, Planning, and
Boundary Agreement to which the County, Towns, and OWASA are parties, we are
formally soliciting the comments of your governing board regarding the County's plans to
request water and sewer service to this essential public facility.
We would appreciate any feedback on this matter from your governing board by
September 15, 2005. Note that although our resolution contemplated feedback from the
Towns and OWASA by June 7, changes to the project planning timeline since adoption
of the May 17 resolution mitigated the need for immediate feedback from our partners in
the agreement. Your consideration of this issue and provision of any written comments
by midSeptember will help us with our building design schedule.
SI rely,
ses Carey, Jr.
Chair, Board of County Commissioners
www.co.orenae.nc.us
Protecting and preserving- People, Resources, Quarrty of Ufe
Orange County, NoRh Carolina -You Countl
(919) 245.2130 • FAX (919) 644-0246
~2
ORANGE COUNTX BOARD OF CO'.~LITISSIONERS
ATO STSE ROPOSED NEW SOLID Vi'ASTE AlANAGEA~NT OPERATIONS CENTER, TO BE
LOCATED IN THE RURAL BUFFER
;;'harass, extension of public seta and sewn service inw the Rural Bufl'a is governed by the Water &
Srna Managemrnt, Plennhrg and Boundary Agreement (herein L~town as the Agreement); and
Whereas, The Town of Cartboro, The Town of Chapel Mlle ~ the A oeerrtrn ~u8h, Orange County, and
the: Orange Water and Sewer Authority (OWASA) ere p g ,
R'hereas, Orange County mtends w conswct a new Solid W rite Managemrnt Depazvnrnt Operations
Cents on Orange County Tax Parcel 7.18?7C, a 4.05 acre parcel of land owmed by Orange County; and
Whereas, dre parcel contains a site with F; nmonmental Health Division approval for a septic sysum suitable
for a typica16,500•sq. ft office building; and
R'hereas, dte Opaetior~s Cents is planned to include a community meeting room and cducationel facility
Lh81 w'ollld garCrate SnfllClrnt YlaltarS~t)CCnpenl5, perhaps uP to 75 atone time, as to likely overburden the
available septic system site; and
Whereas, the parcel on which the Operations Cents is to be constructed is located in the Rural Buffer of the
Joint Phuming Area, located in the Long Term lnterest Arcs of OWASA as descnbcd in the Agreemrnt,
borders and is dimctly adjacent to the current Orange County Land511, w'ltich is located in the Towm of
Chapel Hill's Transition Area of the Joint Planning Amer and located in OW ASA's Primary Sen~ce Area;
and
Whereas, tite parcel on which the Operations Crnter is to be constructed is situated such that an ea-trnsion of
public water end sewer service to serve it would toucb no othanDn-County owmed.property and thus not
pro~~de any likeltltood or opportunity for further extension ofthese sendces itrto the Rural Buffs; and
1i'herees, the Agreement dots not prescribe the method by which public warn and/or sown service is to be
extended to save an essrntia] public facility trusted in the Rural 8uffa:
NOW, THEREFORE, BE IT RESOLVED that Orange County hereby notifies the Toem of Catrbaro, The
Iowm of Chapel Hill, Tyre Town of Hillsborough, and OR'ASA that it intends w apply to AWASA for public
aorta end sewn service to serve Drily Orange Cotmty Tax Parcel 7.18 37C and that this application will be
made undo the provisions of the Agreement authorizing public water and sewn sen~ce in the Rural Buffer
m senor en essential Public facility
BE I'C FGRTHER RESOLVED that Orange County welcomes comments, respectfully mquested to be
mceived on a befom June 7, 2005, from The Towm of Cenboro, The Towm of Chapel Hr71, The'Iown of
Hillsbarough, and OWAS.A mgarding Orange County's intrntion to serve Orange County Tax Parcel
7 18,.27C a~t}t public water and sewn pro~~ded by OWASA.
This, the 17th day
Chair. Orange County
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C~ Proposed Orange County
Solid Waste Operations Center
OWASA Long-Term Interest Area
OWASA Primary Service Area
Chapel Hill Urban Services Boundary
City Limits: Chapel Hill and Carzboro
a~
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ioac n gran core
P~°
GIS Map prepared by
Chapel HIII Planning
September 12, 2005
Proposed Orange County
Solid Waste Operations Center
ATTACHMENT 4
Summary of
AGREEMENTS AND PLANS
Prepared by Chapel Hill Planning Department
September, 2005
Page 1 o~f 2
`L,/
ATTACHMENT4
The following section sets out the planning and policy background for consideration of this matter:
Joint Planning Agreement (1987 as aniended):
The .Ioint Planning Agreement defines the Rural Buffer as an area which "is rural in character and
which will remain rural, contain low-density residential uses and not require urban services (public
utilities and other town services),"
Water and Sewer Management, Planning and Boundary Agreement:
In November 2001, the Water and Sewer Management, Planning and Boundary Agreement was
incorporated into the .Ioint Planning Agreement. The purposes of the agreement include: to provide a
system of service areas for future utility development and interest areas for dealing with private water
and waste water system problems in areas without public water and sewer service, and to provide
limitations on water and sewer service in certain areas as defined. Please see attached agreement
(Attaclunent 5).
Section III of the Agreement "Definitions" defines the OWASA Long-Term Interest Area as: "An
azea within which water and or sewer service is not anticipated to be made,"
Section III also defines Essential Public Facility as: "A publicly-owned facility, or a facility wholly
financed by Federal, State or local government (or a combination thereof) that provides a service for
the health, safety and general welfare of County residents (for example, a school, fire station, public
safety substation or solid waste convenience center)."
Section VI of the Agreement "Limitations on Service" defines "Prohibitions and Limitations on
Extension (of services) Into Interest Areas. Its states that: "The development of land within interest
areas is not projected to occur at urban densities, and therefore public water and sewer service will be
prohibited in the azeas except as provided in the agreement." Provisions include adverse health
conditions and siting of essential public facilities, particularly schools.
Subsection E of Section VI page 13 allows fox the "Siting of Essential Public Services Within
Interest Areas" and states that:
"Publicly owned facilities other than a public school shall be located in a manner that promotes the
orderly provision of water and sewer service.. The preferred method of connection is to lines that
already exist, or in a manner that would minimize the need to extend lines.."
Town of Chapel Hill Comprehensive Plan (May 2000):
Chapel Hill's Comprehensive Plan is consistent with the agreements outlined above. The
Comprehensive Plan identifies an Urban Services Boundary within which urban services are
currently available or will be provided in the future; it includes the existing urban azea and adjacent
hansition area which is in the process of changing from rural to urban land uses.. Within the
boundary, developrent would occur at urban densities and be served by public utilities (water and
sewer). Outside of the Urban Service Bounday, land is intended to remain rural in character,
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ATTACHMENT4
Page 2 of 2
containing low density residential uses (one unit per two acres) and not require urban services (water
and sewer). The property lies next to, but outside of the Urban Services Boundary.
Joint Planning Land Use Plan (1986 amended 10-1-03):
The Joint Planning Land Use Plan identifies the property as Rural Buffer. Eight categories of land
use have been depicted on the land use plan. These include Resource Protection Areas, Public-Private
Open Space Areas, Agricultural Areas, Rural Residential Areas, Retail Trade Areas, Extractive Uses,
and the overlay category designated University Lake Watershed Area. The Joint Planning Land Use
Plan is the operative land use plan for this location.
OWASA Policy on the Extension of Water and Sewer Services (March 1990):
The OWASA policy includes the provision that the extension of water and sewer service from the
OWASA system shall reflect the principals and policies of the land use plans of respective local
government units and be in accordance with other policies of the Board of Directors.
Orange County Water and Sewer Policies:
Current Orange County Policy is to approve water and sewer extensions generally only to recognized
Transition Areas, and, outside of Transition Areas, to approve extensions of water and sewer systems
only to provide service to an essential public facility, such as a school, or to remedy a public health
emergency, such as a failing septic tank or a failing package treatment plant..
Zoning Administration:
Within the Rural Buffer the Orange County Zoning Ordinance is in effect and zoning administration
is the responsibility of Orange County, The development of a "Government Facility or Office
Building" is a permitted use,
Carrboro Joint Development Review Area:
The property is located in the Chapel Hill Joint Development Review Area.. Whenever Orange
County receives an application for a development permit relating to land in the Chapel Hill Joint
Development Review Area it shall forward copies of the application to Chapel Hill for review.
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ITEM 11 30
AGENDA ITEM
• REQUEST FROM ORANGE COUNTY FOR WATER AND SEWER EXTENSION TO
THE COUNTY'S NEW SOLID WASTE OPERATIONS CENTER LOCATED IN THE
RURAL BUFFER
BACKGROUND
• OWASA received a letter from the Orange County Board of Commissioners notifying us of
the planned relocation of the County's Solid Waste Management Department's
administrative office to a new facility that will be located outside the Urban Services
Boundary and, consequently, outside of OWASA's service area. The letter formally requests
feedback and comments from the OWASA Board of Directors..
• The County's request has been made within the context of the Water acrd Sewer
Management, Planning and Boundmy Agreement approved and adopted by OWASA,
Orange County, and the Towns of Hillsborough, Chapel Hill, and Carrboro in December
2001. This Agreement also provides the policy basis for an OWASA response.
ACTION
• Staff has no technical objection to this request, as a matter of comity extended among the
governments the OWASA Board maybe interested in hearing the responses from the Towns
of Chapel Hill and Carrboro before responding to Orange County.
September 8, 2005
3~
TO: OWASA Board of Directors
THROUGH: Ed Kerwin
FROM: M. Imtiaz Ahmad, P. E.
DATE: September 2, 2005
SUBJECT: Request from Orange County for Water and Sewer Extension to the County's new
Solid Waste Operations Center in the Rural Buffer
INTRODi7CTION
OWASA received a letter, dated August 10, 2005, from Mr. Moses Carey, Jr, Chair of Orange
County Board of Commissioners, informing us of the planned relocation of the County's Solid
Waste Management Department's administrative office to a new location (Attachment A), The
planned relocation will be to a new Solid Waste Operations Center on County property located
west of the active solid waste landfill along Eubanks Road (Attachment B). This property is
located in the Rural Buffer, outside the designated Urban Services Boundary adopted by the
Towns and County, and outside of OWASA's utility service area.
Mr. Carey's letter asks for feedback and comments from OWASA's Board of Directors about the
County's request to extend water and sewer service to this "essential public facility."
WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT
In December 2001 OWASA, Orange County, and the Towns of Hillsborough, Chapel Hill, and
Carrboro executed a Water and Sewer Mm7agement, Plannnrg and Boundary Agr°eement
(Attachment C). Among other things, this document establishes utility service area boundaries
beyond which each signatory agrees not to extend water and/or server service except in special
cases needed to resolve an "adverse public condition" or to serve an "essential public facility," as
defined in the Agreement,
Beyond the "Service Area" delineations, the Agreement establishes an "Interest Area" for each
entity, in which that entity is given the "right of first-refusal" to extend water/sewer service to
resolve an adverse public health condition or to serve an essential public facility,
:~a
Request from Orange County
September 2, 2005
Page 2 of 2
Accordingly, the Agreement provides the appropriate policy basis for an OWASA response to
Orange County's request.
The following definitions, as included in the Agreement, are pertinent.
Essential Public Facility
"A publicly-owned facility, or a facility wholly financed by Federal, State or local
government (or a combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire station, public safety
substation or solid waste convenience center).."
OWASA Loap-Term Lrterest Area
"An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix
A) within which public water and/or sewer service is not anticipated to be made, but if
such service are to be provided, OWASA will be the responsible utility service provider."
DISCUSSION
Staff agrees that the County's new Solid Waste Operations Center is located within OWASA's
Long-Term Interest Area, as delineated in the Agreement. While staff has no technical objecfion
to this request, as a matter of'comity extended among the governments, the OWASA Board may
be interested in hearing the responses from the Towns of Chapel Hill and Carrboro. We note that
concurrence at this time represents policy level approval only, and that subsequent decisions
about the routing, design, capacity, etc., of any new water/sewer lines needed to serve the
property will be made according to established procedures and specifications, subject, of course
to any other applicable requirements of the Agreement and to the "orderly provision of the water
and sewer service."
Please let us know if you have any questions or need any additional information regarding this
matter.
M. Imtiaz Ahmad, P. E.
Director of Engineering and Planning
Attachment A is the only attachment available on line.
~'~f'aCrt~eec f
AUG 12 ^OliS
MOSES GREY. JR.. CHNR ORANGE COUNTY BOARD OF COMMISSIONERS
BARRY JACOBS. V/GE CHAIR
VALERIE P, FOUSHEE POST OFFIC~ BOX 8181
A[ICE M. CORDON 200 SOUTH CAMERON STREET
57EPHEN H FLUx/ons
HILLSBOROUGH, NORTH CAROLINA 27278
August 10, 2005
Mr. Ed Kerwin, Jr.
Executive Director, OWASA
P.O. Box 366
Carrboro, N.C. 27510-0366
Dear Ed,
With the planned development of the Horace Williams Tract by the University,
Orange County will have to relocate its Solid Waste Management Department
administrative offices by the end of 2006 from the current site of the Town of Chapel
Hill's Public Works pepartment. The County has begun planning for this change and
has retained the services of an architectural firm io design a new Solid Waste
Operations Center on County property located adjacent to and immediately west of the
active mixed solid waste landfill on the south side of Eubanks Road.
The property on which the new facility will be situated is located in the rural
buffer. The Board of Commissioners adopted a resolution in May indicating the Board's
intent to request that OWASA provide both water and sewer service to the new facility.
In accordance with the provisions of the Water & Sewer Management, Planning, and
Boundary Agreement to which the County, Towns, and OWASA are parties, we are
formally soliciting the comments of your governing board regarding the County's plans to
request water and sewer service to this essential public facility.
We would appreciate any feedback on this matter from your governing board by
September 15, 2005. Note that although our resolution contemplated feedback from the
Towns and OWASA by June 7, changes fo the project planning timeline since adoption
of the May 17 resolution mitigated the need for immediate feedback from our partners in
the agreement. Your consideration of this issue and provision of any written comments
bymid-September will help us with our building design schedule..
Sin~y~~~
Mllllllos//////es Carey, Jr.
Chair, Board of County Commissioners
wwwco.orunoe nc us
Protecting and preserving -People, Resources, Quality of Li/e
Orange County, Norlb Carolfna -You Ccuntl
(919) 245-2130 • FAX (9 f 9) G44-0246
11.4
ORANGE COIiNTY B0.4RD OF CO?,LA4ISSIONEILS
A RESOLUTION OF L>V7ENT TO CONNECT' ON'.4SA PUBLIC 1i'ATER AND SERER SERVICL+
TO THE PROPOSED NEii' SOLID WASTE l14AN.4GEA'IENT OPERATIONS CENTER, TO BE
LOCATED IN THE RUR4L BUFFER
ii'hereas, extension of public water and sewer sendce into the Rural Buffer is governed by the Water
Sewer Management, Planning and Boundary Agreement (herein lmnwm as the Aereemrnt); and
ii'hereas, 'rhe'rowm of Cazrboro, The 7owm otChapel Hill, The 7owm of Hillsborough, Orange County, and
the Ornnge Water and Sewer Authority (OWASA) arc parries to the Agreement; and
\i'hereas, Orange Cmmq=intends to consWCt a new Solid Waste Management Departmrnt Operations
Center on Omnge Counq''rnx Parcel 7 18.37C, e 4.05 acre parcel ofland owned 6y Orange County; and
R'hereas~ the parcel contains a site with Emdronmental }lealth Dithsion approval for a septic system suitable
for a gPical 6,500•sq. ft_. office building; and ,.
Whereas, the Operations Center is planned to include a community meetinc room and educational facility
that w=ould generate sufficient tdsitors/occupants, perhaps up to 15 atone time, as-to likely overburden the
available septic system site; and
\i'hereas, the parcel on which the Operations Center is to be consWeted is located in the Rural Buffer of the
Joint Planning Area, located in the Long Term Interest Area of ON+ASA as described in the Agreement,
borders and is directly adjacent to the current Oranae Count}=Landfill, which is located in the Towm of
Chapel HiII's Transition Arca of the loinf Planning Area and located in OWASA's Primary Sen~ice Area;
and
\vhereas, the pm'cel on which the Operations Center is to be consWcied is situated such that an extension of
public wrater and sewer sen~ce to sen=e it would touch no other non•County owned property and thus not
provide any likelihood or opportunety for further extension of these services into the Rwal Buffer; and
R'hereus, the Agreement does not prescribe the method by w=hich public water and/or sewer sen~ce is to be
extended Yo serve an essential public faclity Jocnted in the Rural Buffer
NOR', THEREFORE, BE I7 RESOLVED that Orange County hereby notifies the Totvn of Carrboro, The
Towm oC Chapel Hill, The Towm of Hillsborough, and OWASA that it intends to apply to D\NASA for public
water and sewer service to sen=c only Orange County Tax Parcel 7..] 8 ?7C and that this application will be
made under the proi~sions of the Agreement authorizing public water and sewer service in the Rurnl Buffer
to set ve nn essential public facility
BE TT FL7tTHER RESOLVED that Omnge County welcomes comments, respectfull}=requested to be
received an or before .June 7, ?OOi, from The gown of Carrboro, The 7owm of Chapel Hi11, The Town of
Hillsbotnugh, and 0\NASA regarding Orange County's intention to serve Orange County Tax Parcel
7 18 .?7C with public water and sewer prnt5ded by OW ASrt
This, the 17th day otTSay, 2005
t.~~r>lr~~~~
Moses Care}•, Ir
Chair. Oranee County Bo d .ommissioncrs
Arrssr: ~~
Don a Baker
Cler$ to the Board olCommissioners
11.5
35
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