HomeMy WebLinkAboutAgenda - 10-18-2005-9c:••-• • ffiefife, Hill, •
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 18, 2005
Action Agenda
Item No. q - C,
SUBJECT: Orange County Soccer Center Site Plan Revision /Electrical Easements
DEPARTMENT: Planning and Inspections
ATTACHMENTS:
Resolution
Sample Easement Form
10/13/05 ERCD Memo on Proposed
Power Line Easement
Site Plan
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Craig Benedict, Planning Director, 245-
2575
PURPOSE: 1) To consider revision of the concept plan site plan approval for the proposed
Orange County Soccer Center (OCSC) in order to allow Duke Power Company to install sub
feeder distribution power lines aboveground in the Buckhorn Area EDD and 2) to consider
granting Duke Power Company easements on the OCSC property, the aboveground one of
which to be generally parallel to the western property line, to allow for installation of
aboveground sub feeder distribution lines.
BACKGROUND: On June 23, 2004, the Board of County Commissioners approved a Special
Use Permit for Middle School #3 located in the Economic Development District along West Ten
Road in Efland. Also reviewed at the same time, in concept, was the proposed OCSC, located
adjacent to the school on its eastern boundary. The OCSC does not require a SUP. However,
a joint review of the two projects was performed in order to realize cost savings on the rough
grading contract and to allow for the site plan design to incorporate shared facilities (parking,
access, etc.) for the two projects.
Until recently, development of the two sites has moved along according to projected plans and
schedules. However, discussions regarding installation of underground electrical service to the
sites have required the participation of both the Orange County School Board and the BOCC.
The Economic Development District (EDD) Manual Performance and Construction Standards
specify that 'all permanent utility lines must be installed underground' [page 2.4.29]. The stated
purpose of the standards is 'to minimize the adverse impacts of construction related activities
and to promote a uniform, neat, and clean appearance throughout the Economic Development
Districts' [page 2.4.27]. Duke Power has proposed installation of aboveground sub feeder
distribution lines to save the Orange County Schools money in the construction of OCS Middle
School #3. The sub feeder will enhance the safety in the service area and promote connectivity.
The Middle School and the OCSC then will install underground lines to their respective facilities
in accordance with EDD guidelines.
The County Manager, on behalf of Orange County, has requested that the site plan be
approved with the installation of aboveground sub feeder distribution lines on the OCSC
property and to include a provision that the lines are to be precisely located at the time that the
easement to Duke Power is granted. The Board will recall that there are vernal pools at the
northwestern quadrant of the OCSC property and that there is a tree line between the OCSC
property and the school property that was saved in negotiations with NCDOT when NCDOT
required the Old Highway #10 intersection with the access road to be relocated. There are also
landscaping issues that may be affected by this power easement and the power poles, lines
and other facilities.
As prescribed by the EDD manual, the Board of Commissioners must approve the site plan with
regard to the overhead power lines. The EDD Manual does not give this authority to the
Planning Director. The justification for the request is that the new distribution line would create
an electric loop in the service area promoting a better and safer service system. Another
justification for the revision is to avoid environmentally sensitive areas (vernal pools) at the
northern end of the OCSC site, which could be adversely impacted by the construction of
underground utilities at that location, The County can, with the Board's approval, work with
Duke Power at a later date to determine if some or all of the overhead facilities can be moved
underground in the future.
REQUEST: 1) The Board is requested to make a decision with regard to allowing the sub
feeder distribution lines to be installed aboveground in the EDD, with the
understanding that all other lines will be underground.
2) If the Board votes to allow the sub feeder distributions lines to be installed
aboveground, then the Board will need to approve the easements; to give
direction to the County Manager and the County Attorney with respect to the
location of the easements on the OCSC property; and, to authorize the County
Manager and the County Attorney to finalize the precise location of the
easements and to authorize the recordation of the easement document.
It should be noted that based on a request, the Environment & Resource Conservation
Department has reviewed the proposed power line easement and has provided a memorandum
which is attached.
RECOMMENDATION: The Administration recommends APPROVAL of the attached
Resolution.
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution authorizing aboveground sub feeder distribution lines and
underground service lines and related facilities on County -owned Soccer
Center property located on West Ten Road east of, and adjacent to, the
Middle School #3 and authorizing the County Manager and County Attorney
to negotiate with Duke Power Company to place the easements
WHEREAS, the Orange County Board of Commissioners approved, on June 23,
2004, both a Special Use Permit for the Orange County Middle School #3 and a
concept plan for the proposed Orange County Soccer Center; and
WHEREAS, both properties and associated facilities are located within the
Buckhorn Economic Development District (EDD), a zoning district with specific
development standards; and
WHEREAS, Duke Power Company has notified Orange County that it will require
a 30 -foot easement on the soccer center property in order to locate an
aboveground sub feeder distribution line intended to serve the Buckhorn EDD;
and
WHEREAS, the Buckhorn EDD specifies that all utility lines shall be located
underground as a part of zoning approval for specific developments; and
WHEREAS, the EDD Manual does not specify whether or not sub feeder
distribution lines installed by a North Carolina public utility for serving a wide area
are subject to the underground requirement; and
WHEREAS, the Planning Director is not authorized to approve any aboveground
electric utility as a part of a specific development approval; and
WHEREAS, only the Board of County Commissioners may approve granting of
easements on County -owned property for utility lines and authorize installation of
aboveground lines; and
WHEREAS, Duke Power Company will be asked to provide the County with a
map of the proposed location of the sub feeder distribution easements that
shows the least impact on existing trees and environmentally - sensitive areas on
the northern end of the soccer center property; and
WHEREAS, Duke Power Company will be asked to provide the County with a list
of appropriate tree and shrub species that may be installed within the easements
and will be asked to provide assurances that landscaping and other
improvements such as sidewalks, entrance drives and parking installed by the
S
County will not be cut, destroyed, or removed without County Manager approval
in writing;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of
Orange County, North Carolina hereby authorizes the County Manager and
County Attorney to negotiate, consistent with the recitals herein, the placement of
utility easements and to cause a survey of the physical location where structures
and power lines on the Soccer Center property will be located prior to beginning
any work toward installation of aboveground sub feeder distribution lines and
underground service and related facilities to provide electrical service to the
Soccer Center and Orange County Middle School #3; and
BE IT FURTHER RESOLVED that the aboveground easement shall be located
to minimize impact on existing vegetation along West Ten Road and along the
common property line of Orange County Middle School #3 and the Soccer
Center by placing the 30 -foot easement at a sufficient distance from existing and
scheduled trees to alleviate the potential damage to the lines by fallen trees; and
BE IT FURTHER RESOLVED that the impact to the environmentally sensitive
areas (vernal pools, wetlands) located at the northern end of the Soccer Center
property be minimized by placing support structures in locations that will allow
lines to span sensitive areas to avoid disturbing and driving across them when
constructing the support structures, power lines and other facilities and when
maintaining the support structures, power lines and other facilities.
WR No, 619042 Resp. 5342 Project SIP
Drawn By: Jerry Payne
Project Description: Overhead and underground primary
for school on West Ten Road
STATE OF NORTH CAROLINA
COUNTY OF Orange
Return Address: Duke Energy Corporation
Attn: Jerry Payne
1205 N Church St
Burlington, NC 27217
RIGHT OF WAY AGREEMENT
N
KNOW ALL MEN BY THESE PRESENTS, That Orange Countv
hereinafter called "Grantor' (whether one or more), in consideration of the sum of One Dollar ($1.00) and other good and valuable
considerations, does hereby grant unto DUKE ENERGY CORPORATION, and its successors and assigns, subsidiaries and
divisions, hereinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor
(hereinafter "premises ") situated in said County and State, property described as:
Deed Book 200
MESME MI
and over and across said premises within a right- of-way strip (check applicable):
® having a width of 15 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to
construct, maintain and operate with poles, crossarms, wires, guys, anchors, cables, transformers and other apparatus and
appliances, overhead lines for the purpose of transporting electricity and for the communications purposes of the Grantee and
regulated telephone utilities. The following rights are also granted to Grantee: to enter said premises to inspect said lines, to
perform maintenance and repairs, and to make alterations and additions thereto, to remove from the right -of -way strip, now or at
any time in the future, trees, structures or other obstructions that may endanger the proper maintenance and operation of said lines
and trees of any species that Grantee determines will grow at maturity to a height that will endanger the proper maintenance and
operation of said lines; to trim or remove and to keep trimmed or remove dead, diseased, weak or leaning trees or limbs outside of
the right -of -way strip which, in the opinion of the Grantee, might interfere with or fall upon the electric or communications
facilities within the right -of -way strip; and to install guy wires and anchors extending beyond the limits of the right -of -way strip.
N having a width of 10 feet on each side of a centerline determined by the centerline of the electrical facilities as installed, to
construct, maintain and operate underground lines and conduits with other apparatus and appliances, either above ground or below
ground, to include transformers and service connections, for the purpose of transporting electricity and for the communications
purposes of Grantee and its licensees. The following rights are also granted to Grantee: to enter said premises to inspect said lines,
to perform maintenance and repairs, and to make alterations and additions thereto; and to clear the land within the right -of -way
strip and to keep it clear of trees, structures or other obstructions; and to clear that land outside the right -of -way strip within ten
feet of the service door of any transformer or cabinet located within the right -of -way strip and to keep the area within ten feet of
said door clear of trees, structures or other obstructions. All underground facilities are to be installed in accordance with the
provisions of Grantee's Underground Distribution Installment Plan, NCUC Docket E -7, Sub 552, receipt of a copy of which is
acknowledged by Grantor.
This right -of -way is given to permit the construction of facilities presently proposed.. Facilities at other locations and future
extensions of presently constructed facilities are not permitted by this agreement. The foregoing notwithstanding, Grantee may
relocate its facilities and right -of -way strip over the premises to conform to any future highway or street relocation, widening or
improvement,
I
IN WITNESS WHEREOF, this instrument is executed on this day of
GRANTOR
0
12111 —19
Title:
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public for above County and State, do
certify that personally came before me this day and acknowledged that he /she is
of , a
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by
its
Witness my hand and official seal, this day of
My Commission Expires:
Notary Public
Affix (Notary or Corporation) Seal
The foregoing certificate(s) of
is /are certified to be correct.
This day of , A.D.,
CLERK OF COURT FOR COUNTY
By Deputy/Assistant -Clerk of Court.
4.1.7.2 North Carolina Examples
4.1.7,2.1 NC — Corporate
IN WITNESS WHEREOF, this instrument is executed on this
STATE OF NORTH CAROLINA
COUNTY OF
day of
GCS 911
By: (sionature ofsignatorv)
Name: (printed or typed name ofsionatoM
--Title: (posifion4if1e)
I,. /name of Notary Public) a Notary Public for above County and Slate, do certify that
(name ofsanatoM personally came before me this day and acknowledged that s/he is
loosifionMe) of /corporation name) , a (state ofinoomomtion)
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in Its name by its
/positioMille)
Witness my hand and official seal, this day of ,
My Commission Expires
(Nofarysionafum)
Notary Public
Affix (Notary or Corporation) Seal
The foregoing certificate(s) of
is/are certified to be coned
This _ day of , A. D„
CLERK OF COURT FOR COUNTY
By Deputy/Assistant-Clerk of Court
Duke Power ER 4.1 -16 Power Delivery Standards
D04CGR12 Distribution Rights -Of -Way 03/11/2004
M
COUNTY OF ORANGE
ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT
MEMORANDUM
To: Board of Commissioners
John Link, County Manager
From: David Stancil, Environment and Resource Conservation Director
Rich Shaw, Land Conservation Manager
Date: October 13, 2005
Re: Proposed Power Line Easement for the OCS Middle School #3 and
West Ten Soccer Center
The Environment and Resource Conservation Department (ERCD) was asked to evaluate the
proposed alignment of a 30- foot -wide easement for the installation and maintenance of
overhead power lines to service the new OCS Middle School and West Ten Soccer Center,
The general alignment of the easement, as we understand it, would run from the I -85/40
right -of -way located north of the school /park complex, then south along the property
boundary that separates the Middle School and the Soccer Park, and across West Ten Road
to an existing power line.
The following is a preliminary evaluation of the proposed easement alignment based on
information from ERCD's comprehensive resource database, a biological inventory of the
Middle School site by Solidago Associates (March 2004), information from the Planning and
Inspections Department, and an October 12 site visit by ERCD staff.
Summary of Findings
1) The West Ten Soccer Center tract was clear -cut of all trees in 2002. A small area of
hardwood trees (oaks and hickory) remains in the far northwest corner, adjacent to
the Middle School tract and I- 85/40. The southern two- thirds of the property has
been cleared and graded for construction of future soccer park facilities. The
northern third of the property ("future park expansion" on site plan) is in the early
stages of forest regeneration with young sweet gum and red maple trees growing
throughout.
We would recommend that the proposed easement be routed around the
forested area located in the far northwest corner of the Soccer Center
property rather than cutting the easement through the forest and along
the property boundary. There are mature oaks and hickories in this area
that retain conservation value [See #1 on attached map.]
Environment and Resource Conservation
PO Box 8181 / 306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2590
2) The Soccer Center tract drains to a low -lying area (approx..1 acre) in the northwest
corner of the property adjacent to and including part of the oak /hickory stand, which
holds water during wet periods. This seasonal wetland, or verna/pool, no longer
provides the same quality of habitat for plants and animals as the vernal pools that
are still protected by tree cover on the adjacent Middle School tract2. Nevertheless,
the habitat could be restored if surrounding vegetation regenerates. The proposed
easement would cross through a 100- foot -wide section of the vernal pool.
We would recommend that the power line poles be located outside of the
vernal pool area, and that trucks avoid crossing this low -lying area both
during construction and future maintenance of the power line. [ #2 on
attached map]
3) The proposed easement would run parallel to the tree line that forms the eastern
boundary of the Middle School property. The trees are 50 -60' tall hardwoods (poplar,
oak, hickory), and are generally straight and densely spaced, from growing in the
middle of what was once a large forested area. The distance from the tree line to
the curb of the new park entrance roadway is approximately 40 feet.
We recommend that the proposed easement be located within the 40 -foot
grass strip located west of the park entrance road, and that any future
trimming and cutting of trees needed to protect the power line be
performed in consultation with Orange County. [ #3 on attached map]
Enclosures
cc: Geof Gledhill
' Vernal pools are seasonally Flooded landscape depressions that support distinctive (and many times rare) plant
and animal species adapted to periodic or continuous inundation during the wet season, and the absence of
ponded water or wet soil during the dry season. Amphibians breed primarily in vernal pools because the pools
are temporary and cannot support fish, the major predator to amphibian larvae.
Z Direct sunlight causes the pools to dry faster, reducing the chance that larval amphibians will emerge as adults.
Environment and Resource Conservation
PQ Box 8181 / 306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2590
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