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HomeMy WebLinkAboutAgenda - 03-14-2000-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 14, 2000 Action Agenda Item No. ~ - Q SUBJECT: Solid Waste Matters -Greene Tract and Amendments to Solid Waste Interlocal Agreement DEPARTMENT: Manager/ERCD/Planning PUBLIC HEARING: (Y/N) Na Attorney ATTACHMENT(S): 3/9/00 Staff Review Memo Proposed "Agreement to Amend the Agreement for Solid Waste" INFORMATION CONTACT: Rod Visser, ext 2300; David Stancil, ext 2590; Craig Benedict, ext 2592; Geof Gledhill; 732-2196 Consultant Report on Biological Resources TELEPHONE NUMBERS: Survey (to be distributed prior to 3/14 Hillsborough 732-8181 meeting under separate cover) Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss the transfer of a 60-acre portion of the Greene Tract to Orange County ownership, and to discuss possible changes to the interlocal agreement governing the future management of solid waste in Orange County. BACKGROUND: In September 1999, Orange County and the Towns of Carrboro and Chapel Hill culminated a lengthy process of negotiation regarding solid waste management. That process resulted in the signing by the three parties of an interlocal agreement under which Orange County will exercise overall responsibility for the future management of solid waste in Orange County. One of the provisions of that agreement included the rezoning of a 60-acre portion of the Greene Tract to make permissible, under zoning regulations, certain solid waste management activities. The Board of Commissioners at their February 29 meeting decided to withdraw the request for that rezoning, and directed the Manager and Attorney to develop suggested changes to the approved interlocal agreement that would be needed as a result of that decision. The target date far assumption by the County of overall solid waste management authority was adjusted from March 20 to April 17, 2000. The additional time was intended to allow the parties to agree to amendments to the interlocal agreement and on the exact delineation of the 60-acre portion of the Greene Tract. The Board commissioned two surveys of the entire Greene Tract to inform the decision about which 60 acres should be transferred to the County. A final report on the cultural/ archaeological resources on the property, and an interim report on the biological/environmental resources, were considered by the Board in their February 29 deliberations. The final consultant's report on the biological/environmental resources will be provided under separate saver to the Board prior to this March 14 meeting. Staff from the Environment and Resource Conservation Department have prepared an assessment of the Greene Tract and the two surveys that analyzes which 60-acre portion of the property might be most apprapriate for a variety of potential uses. 2 The County Attorney has also drafted an agreement that would amend the adopted interlacal agreement on solid waste management to reflect changes needed because of the Board's decisions regarding the previously contemplated Greene Tract rezoning, and other related matters. The Board may wish to discuss both the 60-acre designation and suggested changes to the interlocal agreement, and forward recommendations on these two tapirs to the municipal governing boards far their consideration and approval.. FINANCIAL IMPACT: There is no direct financial impact associated with the discussion of the Greene Tract survey reports and proposed changes to the solid waste management interlacal agreement . RECOMMENDATION(S): The Manager recommends that the Board review and discuss the assessment of possible uses fora 60-acre portion of the Greene Tract, and the proposed amendments to the interlocal agreement; provide appropriate direction to the Manager, Attorney, and staff; and communicate their proposals regarding these matters to the three municipal governing boards. ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: John Link, County Manager From: David Stancil, Environment and Resource Conservation Director Craig Benedict, Planning Director Date: March 9, 2000 Re: Review of the Greene Tract for Potential Uses To follow-up on the Board of Commissioners discussion of the Greene tract biological and cultural resource surveys last week, we have prepared a quick analysis of the Greene tract for three different categories of uses to see which 60 acre portions of the property might be most appropriate. It is important to note fhat the Bio%gica/Resources Survey for fhe properfy remains income/ete, with no further information avai/ab/e at this Time. Staff s evaluation is based on the incomplete evaluation and the best available resource information in our database. General Implications of Survey Results to Date While one of the surveys remains incomplete at this time, it is apparent that there are two primary implications that can be drawn: 1. The cultural survey has identified two sites that may qualify for the National Register of Historic Places. Any land disturbing or human activities should attempt to avoid these sites and their immediate environs, for possible future archaeological work. (These sites are shown on the map in a circular area identified with an "H'~. 2. The biological resource survey appears to indicate that the mesic oak (i.e., dry or uplands oak) and mixed hardwood forest in the northern portion of the Greene tract is more likely to host the greater variety of species, and as such might be seen as the most significant biological resource on site. The potential wetlands and mixed hardwood forest in the southeastern portion of the site are also worthy of note. With these primary implications in the mind, the following sections summarize in a general way where the "best" or most appropriate 60-acres on this property might be for three categories of potential land uses. It should be noted that this is a cursory review, and that amore-definitive analysis would require a more detailed and in-depth assessment of the property. In some cases, the sectors of the site that are identified do not equal 60 acres. We have completed the assessment with an idea for a conceptual plan that might accommodate all of these uses on the Greene tract. A. Evaluation for Preservation as a Natural Area Tf the primary intent is to preserve the most significant 60 acres from a natural area/wildlife habitat perspective, there are likely two areas of focus. First, an area of roughly 30 acres in the north-central portion of the site (sector 1 on the attached map) contains mesic oak and mixed hardwood forest that is more likely to harbor diverse species. There is another area of 10 acres to the southeast (sector 4) that contains mixed hardwoods of note. These areas are generally Shawn on the attached concept map as sectors 1 and 4. A third 10-acre area of mixed hardwood forest is also found within sector 2 (labeled as "DMO'" an the map), but it is somewhat more isolated. It /s ago/n important to note that this is based on an income/ete bio%gica/resources survey. New resu/ts on wet/and delineation and bottom/and hardwoods cou/d a/ter Phis evaluation. B. Evaluation for Use as a Park with Active Recreation Facilities Tn looking at the Greene tract for active recreation facility sites (playing fields, restrooms, picnic shelters), the best location for an area of roughly 60 acres would be in the west-central portion of the site, away from the cultural ,resources, streams and hardwood forests. This is primarily an area of pines and sparse tree cover -and recreation areas, could be placed with easy access to the residential area to the west, or buffered from that area if desired. This area is shown on the attached map as the portion of sector 2, west of the potential historic site. However, this area is only 25 acres in itself. Adjacent portions of sector 3 could also be used for recreation fields to fulfill a 60-acre portion. C. Evaluation for Land Disturbance and Buildin Generally speaking, the best areas for development activities -- whether they be for affordable housing, government buildings or a materials transfer station -- would be the eastern, southwest and east-central portions of the site. Access will be a determining factor for where any development activity should be located. For example, a materials transfer facility might be located along the rail line in the east and east-central portions (sector 2, east and north of the potential historic site), while afFardable housing and government buildings could also be accommodated in the southwest, east-central and the extreme southern portion of the site. More-specifically, this latter area would be that listed above for potential recreation (sector 2 west of the potential historic site and sector 3), as well as sector 5 on the map (taking care to avoid the potential wetlands by staying north and south of this feature). All of these portions together comprise more than 60 acres, with 35 acres in the east-central portion of sector 2, a total of 25 acres in sector 3, and 25 acres in sector 5. Access will be a key issue for any development of the. property. Access from the north may be important for a materials transfer station, and that access may need to come via the' Neville tract to the northwest. Access to areas potentially suitable for affordable housing, recreation or other developed uses may need to come from the south and/or west. 5 It should be noted that any development activity on the property would be subject to title issues and restrictive covenants that may exist or be placed on the property. Overall Conceptual Plan, In looking at these individual options on the site, ERCD and Planning staff noticed that while there is overlap in the areas above (recreation and developable areas, for example), there may be ways to use the property that are not mutually-exclusive, If access issues can be resolved, it might be possible to do all of the following on the Greene tract (with the cooperation of all ownership entities): / preserve 40 acres of the prime hardwood forest (sectors 1 and 4), / protect the potential historic sites, / locate a 25 acre active recreation facility (the western portion of sector 2), / reserve around 35 acres with rail line access for a transfer station (sector 2 north and east of the potential historic site), and / locate a 25-acre affordable housing site and another 25 acres for government buildings or other developed uses (sectors 3 and 5). The conceptual plan that staffs worked up far accommodation of all uses is shown on the attached map. Greene Tract Area sale: ~ = soo~ Legend: /1/ Greene Tract (169 acresl /~ Proposed roads (5 acresy :': Trail w N Contour lines /~~' Streams .,~ Tree type (eg. MMH...) Potential historic site Parcels - Acreage ~~~~r~ 1 - 31 acres 2 - 60 acres ~F; 3 - 25 acres • 4 - 10 acres 5 - 25 acres ^ Buffiers -13 acres Agreement to Amend the Agreement for Solid Waste Management Orange County and the Towns of Carrboro, Chapel Hill and Hillsborough hereby agree to amend the "Agreement for Solid Waste Management." 1. By deleting the paragraph identified as "Acquire praperty~" in Part 1 and replacing it with the following: Acquire property_ The County shall acquire real and personal property as it deems appropriate for System purposes. There shall be no zestrictions on the County's acquisition of additional acreage at the existing landfill. The Parties acknowledge and support the County's position that as operator of solid waste operations, it may, despite diligent efforts to explore alternatives, settle upon the area on and proximate to the existing closed landfill site on Eubanks Road as the location for additional solid waste facilities. The County states its current intention not to acquire, and its recommendation that future County Governing Boards not acquire, any of the properties known as the Blackwood and Nunn properties for System purposes. 2. Sy deleting the paragraph identified as "Effective date." in Part 1 and replacing it with the following: Effective date. The County will assume solid waste management responsibility on the first day of the second Orange County employee pay period that follows the last completed of the fallowing two events: (1) the approval by the governing board and the execution of this Agreement to Amend by the current owners of the System; (2) Agreement on the boundaries of the property described in Exhibit E by the Greene Tract Owners. The date the County assumes solid waste management responsibility is the effective date of this Agreement. The Parties shall take actions provided for in this Agreement, or which may otherwise be necessary or appropriate, in a timely fashion to permit the County's assumption of solid waste responsibility on the effective date. 3. By deleting Part 5 and replacing it with the following: 5. The Greene Tract will remain a landfill asset. Sixty acres of the Greene Tract will be reserved for System purposes, and the three owners will work together to determine the ultimate use of the remainder. The Parties agree that the .Greene Tract remains a landfill asset . Chapel Hi11, Carrboro and the County (the '!Greene Tract Owners") will transfer to the County title to that portion of the Greene Tract described on Exhibit E, which contains approximately sixty acres. The County may use the property described on Exhibit E for System purposes. The County states its current intention not to bury mixed solid waste or construction and demolition waste on any portion of the Greene Tract. The. County states its recommendation to future County Governing Boards that the County make no such burial. The deed to this property will include a restriction prohibiting the use of the property described on Exhiba.t E for burying mixed solid waste or construction and demolition waste. The Greene Tract Owners agree to bargain together in good faith and with all due diligence, and to use their respecta.ve best efforts, to determine an ultimate use or disposition of the remainder of the Greene Tract as soon as possible and in any event by December 3]., 2001, or two years after the effective date, whichever is later. During this "bargaining period," no Greene Tract Owner shall make any use of the remaining portion of the Greene Tract without the consent of the other Greene Tract Owners. The Greene Tract Owners agree that among the issues to be addressed in the bargaining process are (1) the- specific future uses, ox ranges of use, to be made of the remainder of the Greene Tract (including issues of devoting different portions to different uses, devoting portions to public uses and the possibility of making portions available for sale or private use), and (2) whether to impose specific use restrictions, either through deed restrictions or through governmental regulata.on. The Greene Tract Owners agree that during the "bargaining period" each should provide opportunity for public. comment on possible or proposed uses or dispositions. During the "bargaining period," no Greene Tract Owner shall (1) file any legal action or proceeding to force any sale ar division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without the consent of the other Greene Tract Owners. To the extent permitted by law, Chapel Hill agrees not to initiate any proceeding to rezone any portion of the Greene Tract during the "bargaining period," without the consent of the other Greene Tract Owners. Chapel Hill states its current intent to accommodate any agreed-upon future uses or range of uses of the remainder of the Greene Tract in its Development Code/Ordinances and states its recommendation to future Chapel Hill Governing Boards to the same effect. After the "bargaining period" is completed, namely, the day after the last day of the bargaining period, no Greene Tract Owner shall (1) file any legal action or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without giving the other Greene Tract Owners at least 60 days' prior notice of such filing or entering into an agreement. In addition, after the "bargaining period" is completed, any Greene Tract Owner may give 60 days' prior notice of an election to be no longer bound by the above restrictions pertaining to the uses of and whether to impose use restrictions on the remainder of the Greene Tract, and such election shall be effective at the end of the notice period. The Parties agree that any non System use of any portion of the remainder of the Greene Tract or any disposition of any portion of the remainder of the Greene Tract shall result in payment to the County of the Reimbursement Amount for deposit in the System enterprise fund . ~. By amending the date in the first paragraph of Part 7 to read 5. Sy amending subsection (c) of the "Members; Terms" provision of Exhibit C to the Agreement to read as follows: (c) The first year of the term of each initial member of the Advisory Board shall be deemed to expire on June 30, 2001. Thereafter, each year of the term of an Advisory Board member will run from July 1 through the subsequent June 30, but each member shall continue to searve until such member's successor has been duly appointed and qualified for office. IN WITNESS WHEREOF, Orange County has caused ,this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. Date Approved by Governing Board ATTEST: (SEAL) Clerk, Board of Commissioners STATE OF NORTH CAROLINA; ORANGE COUNTX ORANGE COUNTY, NORTH CAROLINA By: Chair, Board of Commissioners 1, a Notary Public of such County and State, certify that and personally came before me this day and acknowledged that they are the Chair and Clerk, respectively, of the Board of Commissioners of Orange County, North Carolina, and that by authority duly given and as the act of Orange County, North Carolina, the foregoing instrument was signed in the County's name by such Chair, sealed with its corporate seal and attested by such Clerk. 2000. [SEAL] WITNESS my hand and official stamp or seal, this day of Notary Public My commission expires: n IN WITNESS WHEREOF, the Town of Carrbora has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. Date Approved by Governing Board ATT$ST: (SE~A.L) TOWN OF CARRBORO, NORTH CAROLINA Town Clerk STATE OF NORTH CAROLINA; ORANGE COIINTY By: Mayor I, a Notary Public of such County and State, certify that and personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town of Carrboro, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Town's name by such Mayor, sealed with its corporate seal and attested by such Town Clerk. 1999. [SEAL] WITNESS my hand and pfficial stamp or seal, this day of , Notary Public My commission expires: IN WITNESS WHEREOF, the Town of Chapel. Hall has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. Date Appro~red by Governing Board ATTEST: (SEAL)' TOWN OF CHAPEL HILL, NORTH CARO~,XNA By: Town Clerk STATE OF NORTH CAROLINA; ORANGE COUNT7C Mayor I, a Notary Public of such County and State, certify that and personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the 'Yawn of Chapel Hill, North 'Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Town's name by such Mayor, sealed with its corporate, seal and attested by such Town Clerk. 1999. [sxA~] WITNESS my hand and official. stamp or seal, this day of Notary public My commission expires: r_ IN WITNESS WHEREOF, the Town of Hi1lsbQrough has caused this Agreement to Amend the Agreement for Solid Waste Management to be executed in its corporate name by its duly authorized officers. Date Approved by Governing Board ATTEST: (SEAL) TOWN OF HILLSBOROUGH, NORTH CAROLINA Town Clerk By: STATE OF NORTH CAROLINA; ORANGE COiINTY Mayon 2, a Notary Public of such County and State, certify that and personally came before me this day and acknowledged that they are the Mayor and Town Clerk, respectively, of the Town of Hillsborough, North Carolina, and that by authority duly given and as the act of such Town, the foregoing instrument was signed in the Town's name by such Mayor, sealed with its corporate seal and attested by such Town Clerk. NTITN$SS my hand and official stamp or seal, this day pf 1999. (SEAL] Notary Public My commission expires: lsg:orangecounty\amdsolwstagt.doc