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HomeMy WebLinkAboutAgenda - 08-25-2008 - c1ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 25, 2008 Agenda Item No. C -1 SUBJECT: Efland Commons Subdivision Planned Development Zoning Atlas Amendment and Class A Special Use Permit for Preliminary Plan DEPARTMENT: Planning & Inspections JOINT PUBLIC HEARING: Y/N YES (BOCC and Planning Board) ATTACHMENTS: 1-Recommended SUP Conditions & PD Ordinance INFORMATION CONTACT: 2-Recommended Findings Robert P. Davis, Planner III, Ext. 2580 3-Neighborhood Information Meeting Summary 4-Biological Inventory TELEPHONE NUMBERS: 5-Environmental Assessment Memo Hillsborough 732-8181 6-Agency Review Comments /Fiscal Impact Chapel Hill 968-4501 7-Legal Ad/Certification Letter to Owners Durham 688-7331 8-Application/Supporting Documents Filed 9-Site Plan Maps Mebane 336-227-2031 PURPOSE: To receive public comments and evidence regarding the proposed 45-lot Efland Commons Major Subdivision Planned Development Zoning Atlas Amendment and Class A Special Use Permit /Preliminary Plan. Information: This. petition for rezoning is necessary in order to accommodate the proposed density of the project. The current zoning district and watershed density allow a maximum of one unit per acre, or approximately 11 lots. The proposed density of this project is 3.5 units per acre, which is in accordance with anticipated densities in the designated transition areas of the Land Use Element of the Comprehensive Plana Currently, a large part of land in the transition areas is zoned for 40,000 square foot lots with 1-acre maximum densities. Therefore, in order to allow increased densities in the transition areas rezoning will be needed. A Class A Special Use Permit (SUP) is required of all Planned Developments regardless of the number of lots created. Under current regulations this project would need a SUP per the Growth Management System Map (Urban Designated Area) provisions under the current zoning classification only if exceeding 40 lots total or subsequent to a general use zoning atlas amendment that increased permitted density to accommodate over 40 lots total. A Planned Development proposal allows the project to be reviewed comprehensively with zoning, density, the SUP for Growth Management System, and the Preliminary Plan considered simultaneously. Procedures for Planned Development and Special Use Permit, Class A Hearings: • Chair of Board of County Commissioner opens meeting and turns meeting over to Planning Board Chair. • County Clerk swears in or affirms all individuals who intend to speak at the hearing. • Planning staff certifies that all zoning ordinance notification requirements have been met. • Planning staff presents staff report with a recommendation on zoning atlas amendment proposal, special use permit findings, environmental assessment, biological inventory, preliminary subdivision site plan and staffs recommended conditions for the Special Use Permit. • Petitioner's attorney presents the case for rezoning and special use permit and enters evidence into the record that the ordinance requirements have been /will be met. • Public comments (rezoning) and/or public evidence (SUP) are entered into the record. • Case referred to Planning Board for a recommendation back to the Board of County Commissioners. Planned developments give all parties more information and greater certainty regarding proposed land uses and site development issues. A planned development is a zoning construct in the Orange County Zoning Ordinance that requires the petitioner to disclose uses and development plans, and allows adjoining property owners, businesses, staff and elected officials to discuss proposed uses and site development issues as well as potential conditions on the proposed development plan via the Special Use Permit. The planned development option is the alternative approach to the general use district atlas amendment, which, by State Statute and local ordinances, prohibit discussion of uses, review of a site development plan and the placement of conditions on a project during the zoning atlas amendment process. While the Planned Development approach is preferred for a full public airing of development issues there are, at times, tradeoffs required to make the approach work on both smaller tracts and those tracts that are irregular in shape. In this particular case, the relatively small 12.88 acres, along with a somewhat irregular shape makes full adherence to the 100-foot perimeter building setback problematic from a development and transportation perspective. The petitioner is requesting that the Board weigh the objectives and benefits of the project goals with the costs of strict adherence to particular items within the ordinances and regulations. BACKGROUND Request -Planned Development with Class A SUP for Preliminary Plan Subdivision Type Number of Average Lot Area in Common Open Space Lots Size O en S ace Percenta e Conventional Plan 45 6,044 square 5.10 Acres 39.6 feet Conservation Cluster 28 10,145 square 4.79 Acres 37.7 Flexible Develo ment feet Petitioner Bob Barnett, agent for School House Road Partners, LLC (holders of purchase option) and current owners Ollie McDade, Bonnie McDade, Sandra McDade, and George Tate, Jr. Heirs (Ester W. Tate, Christopher A. Tate; Eric T. Tate, Jeffery D. Tate and Ann Schawb). Location At the intersection of Tinnin .Road (SR 1313) and School House Road (SR 1314), approximately 2,600 feet north of US 70 West. The southwest boundary adjoins the Efland Cheeks Elementary School. Property is located within an Urban Designated Area per Growth Management System Map. Township: Cheeks PINS: 9845-40-5243; 9845-40-5022; 9844-49-3706 Current Conditions Land Use Plan: Located within the 10-year transition area in the Efland /Cheeks area. Water Service: Orange Alamance Water System, Inc.(OAWS) -property is located within a Primary Service Area of the Water and Sewer Management, Planning and Boundary Agreement. Sewer Service: Orange County Sewer -- property is located within Phase 1 West of the Efland Area Sewer Overall System Plan. Current Zoning: Rural Residential (R-1) & Upper Eno Protected Watershed Overlay (40,000 square feet minimum zoning lots) (Maximum impervious surface of 30% with BMP) Proposed Zoning: Efland Commons (EC)-PD - H - R5 (Single-family residential with accessory uses), Class A Special Use Permit Adjacent Zoning: Rural Residential (R-1) Surrounding Land North and East --- undeveloped; South -undeveloped and single family Use: residential; West -single family residential and Efland Cheeks Elementary School COMPARISON DATA OF TWO PLANS Item Conventional Flexible Subdivision Land Area 12.88 acres 12.88 acres Area in ublic road ROW 1.53 acres 1.57 acres Area outside of ublic road ROW 11.35 acres 11.31 acres Platted lot area 6.25 acres 6.21 acres Minimum Lot width No Minimum No Minimum Minimum front setback No Minimum No Minimum Minimum side and rear setbacks No Minimum No Minimum This petition was filed in May 2008 for a Planned Development Atlas Amendment and Class A Special Use Permit requesting a hearing fora 45-lot urban designated major subdivision in Efland. The petition was filed with the intent of making a presentation at the August 25, 2008 Quarterly Public Hearing (QPH). On June 24, 2008 at its regular meeting the Board of County Commissioners approved placing this item on the August 2008 QPH agenda. During the intervening months staff has worked with the petitioner, held a Neighborhood Information Meeting and also had discussions with the project engineer, NCDOT, OAWS, and adjoining property owners concerning issues beyond the actual boundaries of the subject property. Existing Conditions Physical Features • Rolling topography on the areas proposed for development. • An identified stream flowing northeast into the Eno River passes through the northern tract. • The property is forested, except for a Duke Energy utility easement across the southeast portion. • There are two abandoned mobile homes on the southern portion of the tract. PROPOSAL Conventional Residential Major Subdivision (A flexible plan has been submitted in accordance with subdivision regulations requirements. However, the petitioner requests that the flexible plan not be considered or rezoned). Roads • Access to the subdivision is via two existing streets, Tinnin Road (SR 1313) and School House Road (SR 1314), both paved, state-maintained roads. Both streets are in need of minor maintenance and resurfacing. • Four new, proposed public roads, plus a 200-foot extension to Tinnin Road, will serve lots in the subdivision. All roads will have either asixty- (60') or fifty-foot (50') wide right-of-way depending on NCDOT specifications. Tinnin Road will have a 60-foot right-of-way and all others will have 50-foot right-of-ways with 5-foot utility easements on each side. Pavement width for the extension of Tinnin Road shall be 24-foot width to accommodate bike lanes. All other streets may be 20-foot widths. • Two stub outs to the northern properties are proposed to provide future interconnectivity. • All roads shall be constructed to NCDOT (and County) standards. • Traffic volume generated for this subdivision is approximately 400 trips per day at build out, i.e. between 9 and 10 trips per household per day. NOTE: The District Engineer requests that the. petitioner be placed on notice that both Tinnin Road and School House .Road will be monitored for deterioration that is directly attributable to construction traffic. If, as a result of construction traffic, the roads become severely impacted, the District Engineer has the option of reducing the weight load or requiring a maintenance bond to ensure that the road is returned to proper functionality both during and after construction. Sidewalks: NCDOT requires that an encroachment and maintenance agreement be prepared and signed by all parties before any sidewalks can be located within the NCDOT right-of-way. The petitioner has requested that sidewalks not be required in this subdivision; however, the SUP standards in transition areas require sidewalks and the planning staff recommends that no alternative design standards be approved that waives the requirement of sidewalks. Water Existing water lines to the site are inadequate to serve this project. The lines that currently serve the site are 2'/2 "and 3" lines and do not provide adequate fire protection. County staff has requested that a 12" line be extended to the subdivision from an existing 12" line along US 70 West. The extension would have to be placed within the right-of-way of Fuller Road and in the right-of-way of School House Road or perhaps through the school site. The school would ~/ benefit from an additional fire hydrant and better volume for fire protection and, because of the additional benefit to the school, the option crossing the Efland Cheeks Elementary site is preferred. The Fire Marshall has confirmed that no dead end water lines will be approved. All lines are required to be looped. Therefore, a connection westward to an existing 6" line in Richmond Hills subdivision is recommended to provide secondary water flows to the both Efland Commons and Richmond Hills. Tying into the existing 6 water line at the end of Alice Miller Court in Richmond Hills will help with volume and potentially'equalization of pressure within the water network. A 20-foot permanent recorded easement across the common open space of Richmond Hills would be required following an approval action by the Richmond Hills HOA Board of Directors. An encroachment agreement with NCDOT will be required prior to construction within Alice Miller Court. The most likely location for the connection to occur within Efland Commons will be between lots 29 and 30. A stream crossing will be required to make the connection. Additionally, County staff recommends that the proposed 8" inch water line along Tinnin Road be extended eastward to connect to an existing 8" water line located within Ashwick subdivision, specifically in the Benwich Lane right-of-way. One owner has indicated an openness to allow the connection across his land. There are two other options for the last 150 feet towards Ashwick. One option is to obtain an easement from the HOA of the Ashwick subdivision to cross common open space. The other option is to obtain an easement from the property owner to the north of the existing stub street of Benwich Lane. Either of the options will require that an encroachment agreement be obtained from NCDOT to place lines within the Benwich Lane right-of-way. Permanent, 20-foot easements to OAWS will be required for water lines that cross private property. Sewer This project is entirely within the 10-year transition area of the County's Land Use Plan and Phase 1 West of the Efland Area Sewer Overall System Plan. The County sewer system will provide wastewater service to this subdivision. The BOCC will be asked to approve the extension as a part of this Planned Development request. The entire system has been designed for gravity flow to existing lines and manholes within Tinnin Road right-of-way. The County has an agreement with Hillsborough to discharge up to 300,000 gallons per day of wastewater into Hillsborough's treatment plant. Currently, the flows are approximately 25,000 to 30,000 gallons per day. Anticipated wastewater flows from this subdivision are estimated to range from between 21,000 to 25,000 gallons per day. The increased flow volume is expected to actually improve the situation in the main line to the treatment plant Hillsborough. All sewer lines are proposed to be 8" diameter PVC in accordance with County specifications. This project does not impact the proposed new sewer lines and pump station to be installed at Brookhollow Road. The flows from this subdivision will be handled by the McGowan Creek pump station, which has adequate capacity per the County Engineer's office. Currently, the County does not bill customers connected to the Efland Area System the full costs (treatment, maintenance, electricity, etc.) of operating the system. The full costs of operation are approximately $19.68 per thousand gallons billed. The current rate billed is approximately $5.62 per thousand gallons or a subsidy of approximately $14.02 per thousand gallons. The anticipated wastewater flow for the subdivision is approximately 22,000 gallons per day which would result in a subsidy of $308 per day or $9,253 per month. CIS Open Space Conventional Plan The approximately 40% open space is located mainly along an existing stream, around the perimeter and in the middle of the subdivision. There is a cross connection between the two main areas for a potential trail. One area of deficiency is along the eastern side of the property. Among the various comments at the Neighborhood Information Meeting was requiring the provision of a small buffer along the backs of lots 5, 6, and 7 to lessen the potential for encroachments on neighboring property to the south. The open space for this lot layout is preferable to the flexible development plan. There is a balance of perimeter open space and centrally located open space which improves livability for residents. Flexible Plan Approximately 37.7% of the total acreage on the Conservation Cluster Flexible Plan would be in Open Space. Virtually all of the open space is at the perimeter of the subdivision with little centrally located open space. All of the development is confined to the central part of the subdivision diminishing the `neighborhood feel' of the development. The location of the open space is forced to the perimeter and there is little room left for development and centrally located open space. Environmental Assessment The State Clearinghouse has returned all comments from State agencies, which are included in the packet materials. There are no issues that would require an Environmental Impact Statement to be prepared. Also, Orange County staff did not find any detrimental environmental impacts associated with this development. Should no issues arise at the Public Hearing to indicate otherwise, staff will complete a Finding of No Significant Impact memo and reference it in the Findings of Fact prior to a decision of the Board of County Commissioners. Biological Inventory The submitted Biological Inventory (attached) indicates there are no substantial negative environmental impacts associated with this development. Parks and Recreation /ERCD The Parks and Recreation Advisory Council (PRAC) has reviewed this proposal and recommended the payment-in-lieu option rather than any public dedication [see attached agency review comment]. Staff recommends that the payment-in-lieu option be accepted for these lots [$422 x 45 = $18,990]. PRAC and ERCD also recommended that a trail connection to the Efland Cheeks Elementary trail and Richmond Hills trail be required. Staff has included both recommendations into the recommended SUP conditions of approval. Approximately 14,200 square feet of private recreation space will need to be provided. This area has not been designated at this time, but will most likely take the form of trail connections and possibly sidewalks. Sheriff The Sheriff s office has not yet responded to service issues regarding this proposal. REQUEST FOR DESIGN STANDARD CHANGE The Planned Development regulations in Section 7.14.3 a) 4 states: Where a PD-H district adjoins a single family district without intervening permanent open space at least one hundred feet in width serving as a separation for buildable areas, the portion of the perimeter of the PD-H district so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in accordance with all other requirements for such district, provided however, that in lieu of development, common open space of the PD-H district to a depth of one hundred feet from the district boundary may be permitted. No intensive recreational use or off-street parking shall be permitted within seventy-fiive feet of the district boundary in such circumstances. The petitioner has submitted a conventional plan without the 100 feet open space perimeter that the above section requires. The Zoning Officer (i.e. Planning Director) may in accordance with Section 7.5.4 e) recommend as follows: As to the adherence to PD or general regulations or as to desirable specific modifications in the PD or general regulations as applied to the particular case, based on determination that such modification are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. A comparison of the conventional plan and the conservation cluster flexible development plan gives a good overview of the design challenges that the 100-foot perimeter setback imposes on smaller lots and lots of irregular shapes. Even though achieving 28 total lots on the flexible plan, 12 of the lots are so severely restricted that they are of questionable quality for typical residential uses. Another negative is that a large portion of the setback would be under private ownership, not commonly owned HOA property. This plan offers two undesirable options, one being privately owned land encumbered for the benefit of adjoining property owners and 2) open space land not owned by the HOA. Additionally, the two lots shown on the eastern side of the Tinnin Road extension would not qualify Tinnin Road for acceptance into the State maintenance system per NCDOT agency review comments. Therefore, the conventional plan was prepared with a 50-foot or greater HOA-owned buffer area along the western, northern, eastern and a small portion of the southern boundaries. Combined with the 15-foot building setback on each lot this would give a 65-foot setback from the perimeter property line. For these areas this represents 35% relief. There are two other areas where the petitioner is requesting that the requirement be eliminated. Lots 10, 11, 12, 13, 14, 15, 42, 43, 44 and 45 are proposed to front along School House Road. School House Road is a minor local street that functions as a residential street with direct driveway access for existing homes to the south of this proposal. The developer is requesting to use the street the same way as other property owners in order to lower the costs of development, which presumably will allow a lower cost delivery of homes. Staff has recommended that homes, if allowed to front this street, be set back a minimum of 30 feet from the right-of-way to eliminate the need for on-street parking on School House Road. Lots 5, 6, and 7 would also need relief from the 100-foot open space requirement in order to be developed. There is a question on whether these lots will be developable due to the release of storm water along this portion of land: Staff recommends that the submitted design criteria be approved for all areas, except for lots 5 and 6. Surface stormwater will flow across this area and it is not suitable for residential use. FINANCIAL IMPACT: Sewer: There will be sewer cost impacts to the County under the current usage billing methods. This is discussed under the Sewer section above. Schools: Using currently adopted student generation rates, staff has calculated that 14 students are expected at full build out of this project. Currently, the capital cost per single-family (SF) unit is $5,364. The impact fee collected per unit is $3,000. At current rates the capital costs for 45 SF units is $241,380. The impact fee for 45 units is $135,000, resulting in an uncovered capital cost of $106,380. Streets: All streets will be maintained by NCDOT through their yearly budget allocations. ZONING OFFICER 1) Refer the proposed Zoning Atlas Amendment and the proposed RECOMMENDATION: Class A Special Use Permit to the Planning Board for a recommendation to be returned to the Board of County Commissioners no later than November 5, 2008. 2) Approve the extens_ ion of the County sewer system at the same time of approval of the Planned Development, if approval is granted. ~~/ To Public Hearing RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A FOR A PLANNED DEVELOPMENT PETITION OF SCHOOL HOUSE ROAD PARTNERS, LLC (PD-02-08) Date: November 18, 2008 Petitioner/Owner: School House Road Partners, LLC The Orange County Board of County Commissioners hereby approves an application submitted by Bob Barrett, agent for School House Road Partners, LLC (Holders of Purchase Option) and current owners Ollie McDade, Bonnie McDade, Sandra McDade and George Tate, Jr. Heirs (Ester W. Tate, Christopher A. Tate; Eric T. Tate, Jeffery D. Tate and Ann Schawb) for a Planned Development and Special Use Permit, Class A for Efland Commons single-family residential subdivision with accessory uses and the preliminary plan submittal drawings #1, 2, 3, 4, and 5 dated May 22, 2008, applicable to the following property and subject to the following conditions: Property located at the intersection of Tinnin Road (SR 1313) and School House Road (SR 1314) being further identified in the Orange County Land Records Office by Parcel Identification Numbers, 9845-40-5243, 9845-40-5022, and 9844-49-3706 containing 12.88 acres more or less. The property is identified by the following legal description: Legal Description of Section A on the Conventional Preliminary Site Plan: Beginning at a point in the north east (inside) corner of the subject tracts of land of the Control Corner on Conventional Preliminary Site Plan for Efland Commons Subdivision dated 7/29/2008 prepared by John Harris, P.E. Running thence in an easterly direction, S 89d - 47' - 41" E, a distance of 412.19', along the northern boundary, and in so doing, crossing over the 60' Right-of-way of Tinnin Road, to a point in the eastern boundary; thence turning in a southerly direction, and running along the eastern portion of the property, S 01 d - 33' - 31" E, a distance of 277.55'; Thence turning in a westerly direction on a bearing of N 90d - 00' - 00" W, for a distance 276.02' to a point in the eastern Right-of-way of Tinnin Road; thence turning north and running along the eastern edge of the said Tinnin Road Right-of- way, N 03d - 11' - 30" E, a distance of 278.78', to a point said point also being located within a previously described northern line, turning westward and running with that line, N 89d - 47; - 41 W, a distance of 60.08 to the western edge of the said Tinnin Road Right-of--way, thence turning south and running along the western edge of the Tinnin Road Right-of-way, S 03d -11' - 30" W, a distance of 164.99' to a point that begins a curve at the north west intersection of Tinnin Road and School House Road, continuing along that curve having a Radius of 35' for a length of 53.88' to a point in the northern Right-of-way of School House Road, running thence along the northern Right-of-way, N 88d - 35' - 57" E, a distance of 40.45' to a point also running along the northern Right-of-way, N 88d-27'-55" W, a distance of 59.15' I To Public Hearing to a point beginning a series of curves starting with a radius of 353.78' for a length of 205.80', to.a radius of 355.65' for a length of 92.39', to a radius of 366.30' for a length of 38.42', to a radius of 353.78' for a length of 139.34' thus ending the series of curves. The last curve leading to a point in the now western edge of School House Road, then running west, N 88d - 37' - 03" W, a distance of 160.89', and south S 02d - 12' - 13" E, a distance of 104.88', thence westerly again N 88d - 48' - 32" W, a distance of 178.36'; which completes the southern boundary of the property; then turning north and running the entire western boundary of the property, the following courses, N 04d - 55' - 50" E, for 326.12', N 07d - 51' - 23" E, for 274.99', N 16d - 22' - 00" E, for 37.85', N OOd - 05' - 36" W, for 173.63' to a point in the North West corner of the subject site, Thence turning and running in an Easterly direction along the Northern boundary of the property the following courses, N 85d - 22' - 55" E, for 120.30', N 86d - 15' - 33" E, for 87.43', N 86d - 09' - 02" E, for 113.61', N 86d - 24' - 42" E, for 110.71', N 86d - 31' - 07" E, for 112.84', N 85d - 13 - 08" E, for 107.70', N 90d - 00' - 00" E, for 19.67' to a point in the north east corner of the property, thence turning south, S OOd - 22' - 18" W, a distance of 258.16'; to the Point of Beginning and being the original control point, and containing more or less 12.55 acres. Legal Description of Section B on the Conventional Preliminary Site Plan: Beginning at a point on the southern Right-of-way of School House Road of the Control Corner on Conventional Preliminary Site Plan for Efland Commons Subdivision dated 7/29/2008 prepared by John Harris, P.E. Running thence in a southerly direction, S OOd-04'-33" E, a distance of 150.58' to a point in the southern boundary; thence turning in a westerly direction and running along the southern portion of the property, S 89d-15'49" W, a distance of 150.68' to a point that begins a curve. Thence running along the northerly curve with Radius 293.75' for a length of 97.57' to another curve with Radius 293.93' for a length of 47.16' to the point of Beginning and containing more or less 0.33 acres. The total of Sections A and B are approximately 12.88 Acres. Proposed Conditions The Planning Staff hereby recommends that the Orange County Board of County Commissioners approve Efland Commons Conventional Subdivision Preliminary Plan, dated May 22, 2008 as prepared by John W. Harris, P.E., Consulting. Engineer, Inc. for the dedication of proposed Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive and the extension of Tinnin Road as proposed NCDOT public roads in Orange County, the dedication of Orange County public sewer lines and the dedication to Orange Alamance Water System, Inc. of private water lines, subject to the fulfillment of conditions specified herein. The Conventional Preliminary Site Plan (drawings 1,2, 3, 4, and 5) submitted by petitioners dated May 22, 2008 shall be part of this permit approval. Before the any phase of the Final Plat of Efland Commons can be recorded the following conditions shall be satisfied: bl To Public Hearing A. Sewer Lines 1. The County Engineer shall approve sewer line construction drawings, including stubbed out service lines to each lot, prior to any clearing or grading on the site. No sewer lines shall be placed underneath paved or concreted areas with the exception of perpendicular crossings. 2. The owner/developer shall install, to Orange County specifications, eight-inch (8") sewer lines within the project. All construction and testing shall be certified to the State by the engineer of record as completed with copies of the certification to be provided to the Orange County Engineer and Planning Department prior to Planning signatures on the final plat. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of the sewer lines to the standards of Orange County. An estimate of the construction cost shall be prepared by a certified/licensed engineer and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 3. If the security option as set forth in number 2 above is chosen, no certificate of occupancy for any dwelling shall be issued until all sewer line construction and testing are completed with certification sent to the State by the engineer of record. Copies of the engineer's certification shall be provided to the County Engineer and to the Planning Department prior to release of any certificate of occupancy. 4. Signed encroachment agreements, if required by NCDOT, shall be executed for all sewer lines that are placed within public right-of-ways. Copies of signed encroachment documents shall be provided to the Planning Department and the County Engineer prior to Planning signatures on the final plat. 5. Show on the final plat, twenty-foot (20') permanent sewer line easements centered on all County-maintained sewer lines located outside of the NCDOT right-of-way. These easement areas shall remain free of structures, fences, and landscape plantings. 6. Sewer lines shall be designed in such a manner to allow gravity flow extensions to adjacent property rather than through the use of pump stations. 7. An Orange County Acreage Fee (recorded lot area acreage only), currently set at $1000 per acre, shall be paid at the time the final plat is submitted for planning signatures. The acreage fee is subject to change and, based on the acreage shown for the proposed 45 lots (approx. 6.25 acres), the total acreage fee will be approximately $6,250. 8. An Orange County Flat Fee of $600 per unit shall be paid at the time building permit applications are submitted for review and approval. (~ To Public Hearing 9. A Hillsborough Capital Facilities Fee of $634.36 per unit shall be paid at the time building permit applications are submitted for review and approval. B. Water Lines 1. Orange Alamance Water System, Inc. (hereafter, `OAWS') and the County Engineer shall approve final water line construction drawings for the entire subdivision, including stubbed out service lines to each lot. No clearing or grading on the site shall occur until approval is obtained. No water lines shall be placed underneath paved or concreted areas with the exception of perpendicular crossings. 2. The owner/developer shall install all water lines to OAWS specifications. Monitoring of the installation of all water lines will be by OAWS. All construction and testing shall be certified to the State as completed by the engineer of record with copies of the certification to be provided to OAWS, the Orange County Engineer and Planning Department prior to Planning signatures on the final plat. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of the water lines to the standards of OAWS. An estimate of the construction cost shall be prepared by a certified/licensed engineer and submitted to the Planning and Inspections Department for review by the Orange County Engineer. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 3 If the security option as set forth in number 2 above is chosen, no certificate of occupancy shall be issued until the water lines are certified to the State by the engineer of record that testing and construction is completed. A copy of the certification shall be provided to the Orange County Engineer and the Planning Department prior to the issuance of any certificate of occupancy. OAWS shall provide written confirmation of their acceptance of the lines into their maintenance program 4. Encroachment agreements, if required by NCDOT, shall be executed for all water lines placed in public right-of-ways, including off-site improvements. Copies of signed encroachment documents shall be provided to the Planning Department and OAWS prior to Planning signatures on the final plat. 5. Twenty-foot (20') permanent water line easements shall be shown on the final plat for all OAWS-maintained water lines located outside of the NCDOT rights-of-way. These easement areas shall remain free of structures, fences, and landscape plantings. 6. A 12" water line shall be extended from US 70 West to the site prior to recordation of the final plat. Encroachment agreements shall be obtained from NCDOT for any lines within NCDOT right-of-way. Twenty-foot (20') 1~ To Public Hearing easements, centered on the water lines shall be recorded in Orange Alamance Water System, Inc.'s favor for all lines outside of the NCDOT right- of-way. 7. Eight-inch (8") water lines shall be installed within the subdivision per OAWS specifications. Fire hydrants, per Fire Marshall requirements shall be installed and approved prior to Planning signatures on the final plat or prior to any certificate of occupancy if the security option is chosen. OAWS shall test fire hydrants and provide flow test certifications to the Fire Marshal for review and approval by the Fire Marshal and Efland Fire Department. All water lines shall be looped for fire protection purposes. No dead end lines will be approved. 8. The existing six-inch (6") water line in Richmond Hills at the .end of Alice Miller Court shall be connected into the eight-inch (8") water lines within Efland Commons at the time of construction of Phase III. A signed encroachment agreement with NCDOT shall be obtained prior to any construction activity within the NCDOT right-of-way. The water line shall extend between Lots 29 and 30 of Efland Commons in an area designated as open space. 9. The 8" water line within Tinnin Road shall be looped into the 8" water line in Ashwick subdivision, specifically at the end of Benwich Lane. A twenty-foot (20') permanent easement to Orange Alamance Water System, Inc. is required from all property owners consenting to the water line installation across their properties. Additionally, an approved encroachment agreement with NCDOT for any construction within Benwich Lane right-of-way shall be obtained prior to any clearing or construction within the right-of-way. 10. Assessment fees of $500 per recorded lot shall be paid to Orange Alamance Water System, Inc. prior to the recordation of the final plat. Connection fees of $150 per lot shall be paid at the time of application for building permits. C. Roads and Access 1. Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive shall be constructed to standards of the North Carolina Department of Transportation, within a 50-foot right-of-way with 5-foot utility easements on each side. Tinnin Road extension shall be within a 60-foot right-of-way. The construction shall be inspected and approved by NCDOT. OR A letter of credit or escrow agreement shall be submitted and approved by the County Attorney to secure construction of Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive and the extension of Tinnin Road to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. I ~l To Public Hearing The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until all road construction has been inspected and approved by NCDOT. 2. If the security option in number 1 above is chosen, no building permit shall be issued until access roads are constructed to an all weather state (i.e. base gravel condition). 3. No driveway shall be permitted within 50 feet of a street intersection. The final plat shall contain "No Vehicular Access Easement" for lots 1, 7 and 10 on Tinnin Road (SR 1313) and lots 15 and 41 on School House Road (1314). A `No Vehicular Access' easement shall be shown on the final plat for lots 19 and 20 at a minimum distance of fifty feet (50') from the public street intersection of Royal Fern Drive and Green Gardens Road. 4. Erosion control plans for construction of Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive and the extension of Tinnin Road shall be submitted to, and approved by, the Erosion Control Division prior to any clearing or land disturbance. 5. Approved double-bladed street name signs shall be erected at all street intersections shown on the final plat prior to Planning Department signatures on the final plat. 6. The owner/applicant shall submit a copy of the NCDOT approval letter to the Planning Department, which states that the construction of Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive and the extension of Tinnin Road is accepted. Also, the District Engineer, or designee, shall sign the construction certification on the final plat prior to Planning Department signatures on the Final Plat. 7. Sight triangles (10'x 70') shall be shown and labeled at all street intersections as depicted on the Final Plat. These areas are to remain clear of plantings, fences, vehicles and all structures. 8. Dedicate, in fee simple, a 50-foot wide right-of-way, centered on the existing right-of-way of Tinnin Road, to the northern property line. Said dedication shall meet local residential road right-of-way standards as required in Section IV-B-3-c-1 of the Subdivision Regulations. Five-foot (5') utility easements on each side of the right-of-way shall be shown on the final plat. 9. The temporary gravel turnarounds shown at all stub streets shall be improved to NCDOT standards. 10. Tinnin Road shall be constructed to a 24-foot (24') width to accommodate future bike lanes. All other streets are to be 20-foot (20') widths. 15 To Public Hearing D. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved preliminary plan and Resources Management Plan that show the typical building envelopes/open space areas and shall be inspected and approved by the Planning and Inspections Department prior to signatures on final plat. OR Guaranteed financially through a letter of credit or escrow agreement submitted to secure required landscape installation and preservation. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina in a form approved by the County Attorney. Provisions for protection of existing trees as shown on the approved preliminary site plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. No clear cutting on individual lots or mass grading is permitted pursuant to Section IV-B-8-c of the Orange County Subdivision Regulations. 2. The applicant shall retain and maintain existing plantings within the Typical Building Setbacks as indicated on the Conventional Preliminary Site Plan. 3. No mass grading of the site shall occur. Lots shall be graded only after lot specific plans showing the extent of grading are submitted to the Planning Department and approved at the time of building permit applications. E. Storm Drainage 1. Drainage easements shall be located on the final plat as required following review and approval of the Erosion Control Plan by County staff. 2. All structural stormwater BMP's, as defined in the NCDENR stormwater BMP Manual shall be within stormwater easements and shown on the final plat. A stormwater maintenance agreement shall be recorded along with the final plat. The agreement shall designate the responsible party for maintenance. Access to the BMP devices shall be provided. 3. Drainage culverts shall be sized and located appropriately by a licensed North Carolina Professional Engineer as required by NCDOT and Orange County Erosion Control. 4. The site runoff for the 1-year 24-hour storm shall be the same post- development as pre-development regardless of the BMP option chosen. 5. The Neuse River nutrient reduction rules apply to this site. 1~ To Public Hearing F. Parkland and Recreation 1. Lawful currency of the United States in the amount of $18,990 [$422 x 45 lots] shall be paid to Orange County as payment-in-lieu of parkland dedication prior to recordation of the final plat. 2. The developer shall incorporate provisions into the declaration of restrictive covenants that effectively restricts and maintains the common area open space. These protected areas shall be shown and labeled accordingly on the final plat. All maintenance responsibilities for the open space shall be with the Homeowner's Association. 3. The second paragraph of Section IV-B-7-b of the Orange County Subdivision Regulations references the required minimum recreation space ratio in the Orange County Zoning Ordinance, Article 5.1.1, which requires 0.20 square feet of recreation space per land area dedicated to residential use [0.20 * 12.88 acres = 2.57 acres, or 112,210 sq ft]. In those cases where the required minimum recreation space results in a larger amount than the public recreation space requirement of 1/20 acre per lot (1/20 x 45 lots = 2.25 acres or 98,010 sq. ft.), the difference shall be established as private recreation space for the use of the residents of the development (112,210- 98,010 = 14,200 square feet (.33 acres). Approximately 5.1 acres of connected HOA open space (39.6%) will be protected and available to individual lot owners. 4. Developer shall provide a minimum of 14,200 square feet of private recreation area (e.g. trails, picnic area, etc.). 5. A 5-foot wide mulched trail connection shall be made to the existing trail that runs from Efland Cheeks Elementary School through the open space of Richmond Hills. The connection shall be made either from the end of proposed Sparkleberry Circle or along the easement of the 8" water line connection to Richmond Hills. G. Construction Waste Per the Orange County Solid Waste Ordinance, clean wood waste, scrap metal, corrugated cardboard and all present construction waste shall be recycled. 2. All haulers of construction waste shall be properly licensed. Developer shall confirm that hauling contractors are licensed to haul waste in Orange County. 3. Prior to any construction activity on the site the applicant shall arrange for a pre-construction conference with Orange County Solid Waste staff. 1 `-] To Public Hearing H. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. 2. The Homeowner's Association (hereafter `Association') shall be incorporated and a deed conveying the open space into the Association shall be submitted along with the final plat for review and approval by the County Attorney's office. Planning Department signatures will be affixed to the final plat after attorney review is complete. The County Attorney shall approve the declaration of restrictive covenants applicable to the property. 3. All street lighting shall conform to the Outdoor Lighting Standards as set forth in section 6.31 of the Orange County Zoning Ordinance. The light fixture shall be submitted to the planning office for review and approval prior to entering into a contract or sales agreement or purchase of lighting fixtures from the utility provider. 4. A sign permit shall be obtained from Orange County prior to beginning construction. Any lighting for the sign shall be approved by the Planning Department prior to purchase or installation. 5. Methods of disposal of trees, limbs, stumps, and construction debris associated with construction activity shall be by some method other than open burning as required in the Orange County Zoning Ordinance. 6. PIN numbers for the existing lots shall be shown on the Final Plat. 7. Impervious surface coverage for the entire subdivision is limited to thirty percent (30%) including the amount of impervious surface for streets and sidewalks. The maximum impervious surface for the entire subdivision is 168,360 square feet or 3.87 acres. 8. Impervious surface data, as pursuant to Article 6.23.3c.1 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. The impervious surface for each lot shall indicate the maximum impervious surface for each lot, net of the roadway (i.e. excluding roadway). Impervious surface allocations shall be shown on the final plat for each lot. 9. Sidewalks in accordance with the ADA standards shall be constructed along one side of all streets. The sidewalk on Sparkleberry Circle shall extend to the trail connection referenced in F.5 above. Sidewalks along Tinnin Road shall be constructed on the eastern side. No sidewalk is required on Misty Flower Drive due to the lots proximity of the Tinnin Road sidewalks. Encroachment and maintenance agreements shall be obtained l~ To Public Hearing from NCDOT with copies provided to the Planning Department prior to Planning signatures on the final plat. 10. All setbacks for the lots adjoining School House Road shall be a minimum of 30 feet from the public right-of-way of School House Road. 11. A 20-foot open space strip conveyed into the HOA shall be provided on the rear of lots 5, 6, and 7. A reconfiguration of the lots to a minimum of 5,000 square feet will be necessary. No surface stormwater shall be directed across the lots. I. Certifications All Certificates and Endorsements as set forth Section V-D-6 of the Orange County Subdivision Regulations signed by the landowner, developer and appropriate staff persons shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 2. Certificate of Improvements as set forth in Section V-D-7 of the Orange County Subdivision Regulations signed by the County Manager shall be on the face of the Final Plat. 3. The North Carolina Department of Transportation shall certify that the platted portions of Green Gardens Road, Royal Fern Drive, Sparkleberry Circle, Misty Flower Drive and the extension of Tinnin Road have been entirely constructed to State standards or that construction plans have been approved with a letter of credit or cash bond security posted prior to Planning Department signatures on final plat. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners that the Planned Development & Special Use Permit, Class A and Preliminary Plan for Efland Commons subdivision be Approved in accordance with the conditions referenced herein and the attached Preliminary Plans (Drawings 1, 2, 3, 4, and 5) dated May 22, 2008 prepared by John W. Harris, P.E, Consulting Engineer, Inc. Upon motion of Member ,seconded by Member ,the foregoing recommendation was adopted this the day of , 2008. Clerk to County Commissioners SEAL: This Special Use Permit, Class A shall become effective upon approval. 1 °I To Public Hearing The foregoing Special Use Permit, Class A having been submitted to a vote received the following vote: Ayes: Noes: Excused: Donna Baker, Clerk to BOCC Barry Jacobs, Chair Orange County Commissioners ~d RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR PLANNED DEVELOPMENT OF SCHOOL HOUSE ROAD PARTNERS, LLC (PD-02-08) Date: November 18, 2008 Owner: School House Road Partners, LLC The Board of County Commissioners hereby approves a petition submitted by Bob Barrett, agent for School House Road Partners, LLC to amend the Orange County Zoning Atlas by rezoning from Rural Residential (R-1) to Efland Commons (EC) Planned Development Housing Residential 5 (ECPD-H-R5) (Single-family residential with accessory uses), Special Use Permit, Class A property located at the intersection of Tinnin Road (SR 1313) and School House Road (SR 1314) being further identified in the Orange County Land Records Office by Parcel Identification Numbers, 9845-40-5243, 9845-40-5022, 9844-49-3706 and containing 12.88 acres more or less. The property is identified by the following legal description: Legal Description of Section A: Beginning at a point in the north east (inside) corner of the subject tracts of land of the Control Corner on Conventional Preliminary Site Plan for Efland Commons Subdivision dated 7/29/2008 prepared by John Harris, P.E. Running thence in an easterly direction, S 89d - 47' - 41" E, a distance of 412.19', along the northern boundary, and in so doing, crossing over the 60' Right-of-way of Tinnin Road, to a point in the eastern boundary; thence turning in a southerly direction, and running along the eastern portion of the property, S 01d - 33' - 31" E, a distance of 277.55'; Thence turning in a westerly direction on a bearing of N 90d - 00' - 00" W, for a distance 276.02' to a point in the eastern Right-of-way of Tinnin Road; thence turning north and running along the eastern edge of the said Tinnin Road Right-of-way, N 03d - 11' - 30" E, a distance of 278.78', to a point said point also being located within a previously described northern line, turning westward and running with that line, N 89d - 47; - 41" W, a distance of 60.08' to the western edge of the said Tinnin Road Right-of-way, thence turning south and running along the western edge of the Tinnin Road Right-of-way, S 03d - 11' - 30" W, a distance of 164.99' to a point that begins a curve at the north west intersection of Tinnin Road and School House Road, continuing along that curve having a Radius of 35' for a length of 53.88' to a point in the northern Right-of-way of School House Road, running thence along the northern Right-of-way, N 88d - 35' - 57" E, a distance of 40.45' to a point also running along the northern Right-of-way, N 88d-27'-55" W, a distance of 59.15' to a point beginning a series of curves starting with a radius of 353.78' for a length of 205.80', to a radius of 355.65' for a length of 92.39', to a radius of 366.30' for a length of 38.42', to a radius of 353.78' for a length of 139.34' thus ending the series of curves. The last a~ curve leading to a point in the now western edge of School House Road, then running west, N 88d - 37' - 03" W, a distance of 160.89', and south S 02d - 12' - 13" E, a distance of 104.88', thence westerly again N 88d - 48' - 32" W, a distance of 178.36'; which completes the southern boundary of the property; then turning north and running the entire western boundary of the property, the following courses, N 04d - 55' - 50" E, for 326.12', N 07d - 51' - 23" E, for 274.99', N 16d - 22' - 00" E, for 37.85', N OOd - 05' - 36" W, for 173.63' to a point in the North West corner of the subject site, Thence turning and running in an Easterly direction along the Northern boundary of the property the following courses, N 85d - 22' - 55" E, for 120.30', N 86d - 15' - 33" E, for 87.43', N 86d - 09' - 02" E, for 113.61', N 86d - 24' - 42" E, for 110.71', N 86d - 31' - 07" E, for 112.84', N 85d -13 - 08" E, for 107.70', N 90d - 00' - 00" E, for 19.67' to a point in the north east corner of the property, thence turning south, S OOd - 22' - 18" W, a distance of 258.16'; to the Point of Beginning and being the original control point, and containing more or less 12.55 acres. Legal Description of Section B: Beginning at a point on the southern Right-of-way of School House Road of the Control Corner on Conventional Preliminary Site Plan for Efland Commons Subdivision dated 7/29/2008 prepared by John Harris, P.E. Running thence in a southerly direction, S OOd-04'-33" E, a distance of 150.58' to a point in the southern boundary; thence turning in a westerly direction and running along the southern portion of the property, S 89d-15'49" W, a distance of 150.68' to a point that begins a curve. Thence running along the northerly curve with Radius 293.75' for a length of 97.57' to another curve with Radius 293.93' for a length of 47.16' to the point of Beginning and containing more or less 0.33 acres. The total of Sections A and B are approximately 12.88 Acres. This ordinance shall become effective upon approval. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 18th day of November 2008. Ayes: Noes: Absent or Excused: Donna Baker, Clerk to BOCC Barry Jacobs, Chair Orange County Commissioners SEAL: 0~2 EXHIBIT A RECOMMENDED FINDINGS OF THE ORANGE COUNTY COMMISSIONERS PERTAINING TO EFLAND COMMONS PLANNED DEVELOPMENT AND CLASS A SPECIAL USE PERMIT APPLICATION: PD-02-08 ~1-~1`. 2 Special Use Permits must comply with general and specific standards as set forth in Article 8. Article 8.2.1 b) requires written findings certifying compliance with the following: 11- Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into two (2) sections, which include: (a) Application components; and (b) Specific standards for Special Uses (Article 8.2.4, and 8.8.29) Listed below are the Orange County Planning Boards recommended findings regarding the application in question. The findings have been presented by Article and requirement to assist the Board in its deliberations. Planning Staff concurs with the Planning Boards recommended findings. ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS 1"Yes" indicates compliance• "No" indicates non-compliance) Ordinance Requirements 7.2.2 Property owner must apply for Planned Development District The property owner must voluntarily apply for the Planned Deyelopment district. PLANNING STAFF RECOMMENDED FINDINGS x Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD RECOMMENDED FINDINGS 7.2.3 Allowed Uses Must Be Shown on the Plan If the petitioner elects to apply for a Planned Development District the petition must specify the actual usels) intended for the property specified in the petition and the intended usels) must be permitted in the corresponding general use district. In the petition for a Planned Development District, the County Commissioners are to approve, approve with conditions or disapprove the petition on the basis of the proposed site plan and the specific proposed use. Any change in the use shown on the plan will be treated as an amendment to the Planned Development, as set forth in Article 7.8. x Yes No Yes No Petitioner has purchase options contracts with all owners of petitioned tracts Single-family residential homes with accessory uses Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~3 ARTICLE 7 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (continued) ("Yes" indicates compliance• "No" indicates non-compliance- 7.2.4 Imposed Conditions The Board of County Commissioners may impose such reasonable conditions upon approval of a Special Use Permit for a Planned Development District as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done and equitable treatment provided. 7.2.5 Special Use Required For Each Planned Development Within the Planned Development District only those uses authorized by Article 4 as permitted in the zoning district with which the PD corresponds shall be permitted, and all other requirements of the corresponding district shall be met. In addition, within a PD no use shall be permitted except pursuant to a Special Use Permit authorized by the County Commissioners, which shall specify the use or uses authorized as required in Article 8.8.23. If the petition is approved, the County Commissioners shall issue a Special Use Permit authorizing the requested use with such reasonable conditions as the governing body determines to be desirable in promoting public health, safety and welfare. The authorization of a Special Use Permit in any Planned Development District for any use which is permitted only as a "Class B" special use in the zoning district, which corresponds to the Planned Development District shall preclude any requirement for Board of Adjustment approval but shall be approved by the Board of County Commissioners. PLANNING STAFF RECOMMENDED FINDINGS Yes X Yes No No EVIDENCE SUBMITTED TO SUPPORT FINDINGS To be determined after Public Hearing and after the Planning Board recommendation with regard to the atlas amendment and conditions on the Special Use Permit, Class A. Only single-family residential is permitted. To be determined after Public Hearing and after the Planning Board recommendation with regard to the atlas amendment and conditions on the Special Use Permit, Class A. N/A PLANNING BOARD RECOMMENDED FINDINGS Yes Yes No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~y ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (continued) 1"Yes" indicates comaliance; "No" indicates non-comaliance) 7.3 Relation of PD Regulations to General Zoning, Subdivision or Other Regulations; Modifications on Egual Satisfaction of Public Purposes PLANNING STAFF RECOMMENDED FINDINGS _Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS To be determined after Public Hearing The planned development regulations, which follow shall apply generally to the initiation and regulation of all Planned Development districts. Where there are conflicts between the special PD regulations herein and general zoning,. subdivision, or other regulations or requirements, these PD regulations shall apply in PD districts, unless the Board of County Commissioners find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements. Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable PD or general regulations, but the Board of County Commissioners make a finding, in the particular case, that public purposes are satisfied, to an equivalent or greater degree, the Board of County Commissioners may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios, as maximum permitted amounts of development have been established by these regulations, the Board of County Commissioners shall not act in a particular case to modify such ratios or maximums. Yes _ No The petitioner is requesting relief from the Planned Development required 100- foot building setback around the perimeter of the project. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc PLANNING BOARD RECOMMENDED FINDINGS Yes No a~~ ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (continued) ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 7.3 (continued) Except as indicated above, and notwithstanding procedures and requirements generally in effect, the procedures and requirements set forth herein and in the guides and standards adopted as part of the regulations for particular classes of PD districts shall apply in PD districts, and to issuance of all required permits therein. Article 7.4 PD Districts - Where and How Permitted Planned development districts may hereafter be established by amendment to the official Zoning Atlas, approval of a Special Use Permit, and related amendatory action, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein. PD districts shall be appropriately located with respect to intended functions, with respect to the pattern and timing of existing or proposed development in the Comprehensive Plan, and with respect to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in Article 20, Amendments, shall be met, as well as the following specific requirements. x Yes No The proposed Planned Development District is in the 10-year transition as identified on the Land Use Element of the Comprehensive Plan. The transition area is served by public sewer and by a private water provider. Both water and sewer lines will be extended to the site as the project is constructed. All Article 20 requirements have been met by the petitioner and staff with regard to advertisements, notifications and procedures. PLANNING BOARD RECOMMENDED FINDINGS Yes No C:\Documents and SettingslRdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (continued) ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS 7.4.1 Relation to Maior X Yes No Yes No Transportation Facilities The project is approximately 2,200 feet north of US 70 PD districts shall be so located West, a major arterial. with respect to Interstate Tinnin Road is a major local highways, arterial and street leading directly to US collector streets or mass 70 West. Projected traffic transit facilities, and shall be volumes of approximately so designed as to provide 400 trips daily, are not direct access to such districts anticipated to change the without creating traffic along nature of street, which will minor streets in residential continue to function as a neighborhoods outside the major local street. district. 7.4.2 Relation to Public Utilities, Facilities and Services PD districts shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems and other utility systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, The Planned Development is location, degree, scale or adjacent to public sewer and timing in a manner resulting in private water lines installed higher net public cost or in nearby areas. Storm earlier incursion of public cost water and surface water will than would development in be handled on site via forms generally permitted surface drainage devices. under current zoning and There is no cost to the public development policies for the for construction of water, area. sewer, storm water facilities X Yes _ No or utilities. Yes • No PD districts shall be so located with respect to necessary public services and facilities (as for example, fire, police, rescue services, schools, and parks, in the case of PD-H Planned Development Housing districts) as to have access to such facilities in the same degree as would development permitted under existing zoning and shall be so located, designed and scaled that access to public services is equivalent to, and net cost for such services for development as permitted under existing development controls. The Efland Fire Department is located approximately 1 mile from the proposal. Efland Cheeks Elementary adjacent to the subdivision, Middle School #3 is located within 5 mites and Cedar Ridge High School is located within 10 miles. There is a public park within ~/a mile of the Planned Development. C:\DOCUments and SettingslRdavislDesktop\Efland Commons\Staff Findings for Efland Commons PD.doc a7 ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance; "No" indicates non-compliance) However, if applicants will (a) provide private facilities, utilities and services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities or services are available and used, or (b) make provisions acceptable to the County for off-setting any added net public cost or early commitment of public funds made necessary by such development, location of the PD districts may be approved. In computing net public costs, differences in anticipated public installation, operation and maintenance costs and differences in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicants. Determinations shall be made by the County or by experts acceptable to the County. 7.4.3 Physical Character of the Site; Relation to Surrounding Property The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, ground water level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS X Yes _ No No Public Costs. All utility ~, Yes _ No lines will be constructed by developer and dedicated to either Orange Alamance Water System, Inc and to Orange County with regard to public sewer lines. No Public Costs The site is relatively flat with the exception of one stream X Yes No channel, which will be Yes No protected from development disturbance. There are no floodplains on the site. A swale drainage system is proposed and post- development runoff will be limited to the same amounts as pre development runoff. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 7 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance• "No" indicates non-compliance) If appropriate to the form of planned development, lands to be included in PD districts may be divided by streets, alleys, rights-of-way or easements, but shall be so located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 7.14.1 PD-H Districts: Where Permitted; Intent Concerning Timing PD-H Districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 - 7.9 previously mentioned, and with intensities and in location in accordance with the Comprehensive Plan and the Zoning Atlas. Application criteria shall be as set forth in Article 4 for the various districts. With respect to timing of development of particular PD- H districts, it is intended that, in addition to other policies and limitations set forth in this ordinance, consideration shall be given to general housing needs in Orange County as a whole, the sector in which development is proposed, and the need for particular types of housing. In such consideration due weight shall be given to availability of existing housing supply of types for which there is evident need in view of the age, structure and economic structure of the population, and the amount and types of potential housing under building permits issued and approved plans for development. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Internal streets will serve the No X Yes majority of the lots. 37 of _ the 45 lots (82%) will have direct access to open space. Inspections records indicate that 198 permits were issued in the joint Hillsborough / Orange County jurisdiction for homes 1,500 square feet and less from February 4, 2002 until August 6, 2008. This represented 8.5% of all homes in the two jurisdictions. For Orange County's jurisdiction only 135 homes of 1,500 square feet or less were built in the same period or 6.7% of all homes. By comparison there were 187 homes of 6,001 square feet and greater in the same period in the two jurisdictions, or 8.1 %. LNIY IYIIY <] YVr\I,Y RECOMMENDED FINDINGS Yes - No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ 7.14.3 Site Planning X Yes _ No No adverse impacts from this PD are anticipated. The use a) External Relationships is single-family residential homes and is compatible, Site planning within the from a land use perspective, district shall provide protection with the surrounding area of the development from which is also single-family potentially adverse residential. surrounding influences and protection of surrounding areas from potentially adverse influences within the development. In particular: Yes No 1.Principal vehicular access Vehicular traffic will be points shall be designed to limited to a maximum of encourage smooth traffic flow x Yes __ No three lots along Tinnin Road, with controlled turning due to its collector status. movements and minimum School House Road is hazards to vehicular or classified as a residential pedestrian traffic. Merging street and the fronting of lots and turnout lanes and/or on this street is permitted traffic dividers and extra width provided the Board makes a of the approach street shall be finding that the strict required where existing or adherence to the 100-foot anticipated heavy flows perimeter setback is not indicate need. In general, necessary. minor streets shall not be connected with streets outside There will be no through the districts in such a way as traffic in this subdivision at to encourage use of such this time. If in the future minor streets by substantial Tinnin Road or proposed amounts of through traffic. Royal Fern Drive are extended they will function as a major local and local residential streets. Yes No C:\Documents and Settings\Rdavis\DesktoplEfland Commons\Staff Findings for Efland Commons PD.doc 3~ ARTICLE 7 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 2.Access for pedestrians and motorcyclists entering or X Yes _ No The developer has requested leaving the district shall be by to be relieved of the safe and convenient routes. requirement to construct Such access need not be sidewalks. adjacent to, or limited to the vicinity of, vehicular access Staff has recommended a points. Where there are condition requiring sidewalks crossings of pedestrian ways to be provided along one side and vehicular routes at edges of all streets, including the of planned developments, eastern side of the new such crossings shall be safely section of Tinnin Road and located, marked and on the northern side of the controlled, and where such subdivision frontage of ways are exposed to existing School House Road. substantial vehicular traffic at A trail connection from this edges of districts, safeguards subdivision to Richmond Hills may be required to prevent or Efland Cheeks Elementary crossings except at designated School has been points. Bicycle and/or bridle recommended. paths provided, shall be so related to the pedestrian way system that street crossings are combined.. 1"LHIV IV IIVV DVMnv RECOMMENDED FINDINGS Yes _ No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~` ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ~"Yes" indicates comaliance• "No" indicates non-comaliance) 3. Protection of visibility for automotive traffic, cyclists and pedestrians shall be as generally provided in Article 6. In addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created or maintained within areas appropriate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required in Article 6. 4. Uses adjacent to single-family residence districts. Where a PD-H district adjoins asingle-family district without intervening permanent open space at least one hundred feet in width serving as a separation for buildable areas, the portion of the perimeter of the PD-H district so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in accordance with all other requirements for such district, provided however, that in lieu of development, common open space of the PD-H district to a depth of one hundred feet from the district boundary may be permitted. No intensive recreational use or off-street parking shall be permitted within seventy-five feet of the district boundary in such circumstances. PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS X Yes _ No 10' x 70' site distance Yes No triangles will be provided at each street intersection in accordance with subdivision and NCDOT regulations. To be determined by Boards Yes _ No during the hearing process. _Yes _ No Relief from the 100-foot buffer is requested and needed by the developer in order for the Conventional Subdivision plan to be approved. The developer's intent and request, in order to lower development costs and to maintain affordability of the units, is to use an existing residential street, at the boundary of the Planned Development, as access for approximately 11 lots. This can only occur if the Board makes a finding in accordance with 7.3 above. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 7 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance• "No" indicates non-compliance) 5. Yards, fences, walls or vegetative screening at edges of PD-H districts shall be provided where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining residential districts from similar adverse influences with the PD-H district. In particular, extensive off-street parking areas and service areas for loading and unloading vehicles other than passengers, and areas for storage and collection of refuse and garbage shall be screened. 6. Height limitations at edges of PD-H district. Maximum height of buildings shall be as set forth in Article 5 and Subsection 6. 7. Signs visible from outside PD-H districts. All signs erected in PD-H districts shall be according to Article 9. In addition, during the process of construction and initial sale and/or rental within such development, temporary announcement signs may be allowed, as provided in Section 9.6. PLANNING STAFF RECOMMENDED FINDINGS X Yes X Yes X Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS r~rarv~~~rvu uvr.nc. RECOMMENDED FINDINGS Yes No The homes will be similar to other homes in the general vicinity. Four residential streetlights are proposed, which will be provided by Duke Energy; the types of fixtures have not been submitted and will have to be approved by Planning prior to installation. Duke Energy has light fixtures that meet the County's lighting standards. Nine residences will front on School House Road with no garbage, service vehicles or off street parking areas proposed. No Homes will not exceed 2 stories or 25 feet as measured to the center point of the highest roofline. No No sign has been proposed; in the event a sign is to be constructed all permits shall be obtained. No No b) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, for appropriate relation of space inside and outside buildings to intended uses and structural features, and for preservation of desirable natural features and minimum disturbance of natural topography. In particular: X Yes No All homes adjoin common open space giving the 'feel' of larger lots. Approximately 39.6% of the site is to be maintained as open space that will remain undisturbed. Yes Yes C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc 3~ ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance; "No" indicates non-compliance) 1. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks. In general, block size shall be the maximum consistent with use and shape of the site and convenience and safety of occupants. 2. Vehicular access to streets shall be limited and controlled as follows: a. If the street or portion thereof serves fifty or less dwelling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development. b. Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excess interruption. PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS X Yes No _Yes No All units are proposed to have single-car garages and a space in the driveway. The streets are laid out in a residential manner. All streets are to be constructed to NCDOT standards. X Yes No _Yes No Forty-five homes are served by two different streets,Tinnin Road and School House Church Road. The single-family residences X Yes No that will be built will have a Yes No similar number of vehicle trips (8 -10 VPD) as existing single-family residences. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~y ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance; "No" indicates non-compliance) 3. Ways for pedestrians and cyclists; Use by emergency or service vehicles. Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities, and principal off-site pedestrian destinations. Maximum walking distance in the open between dwelling units and parking areas, delivery areas and refuse and garbage storage areas intended for use of occupants shall not exceed one hundred feet. Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safe-guarded as to minimize contacts with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded. Pedestrian ways and bicycle paths, appropriately located, designed and constructed, may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic, including motor bikes and motorcycles. 4. Protection of visibility; automotive traffic, cyclists and pedestrians. Protection of visibility for automotive traffic, cyclists and pedestrians shall be as provided in Section 7.14.3(b)3 above. PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS _ Yes X No Staff recommends that a _Yes No condition of approval be that sidewalks be added to the project on one side of the road. There are no external parking spaces provided. X Yes _ No There will be a walking path _Yes No between this project and the Efland Cheeks Elementary School. There will be no vehicular traffic to impede or hinder pedestrian walkways. The sidewalks will have coordinated crosswalks only at intersections per NCDOT requirements. X Yes _ No No pedestrian ways will _Yes _ No permit motorcycles or motor bikes or any-other off-road motorized vehicle. The trait connection to Richmond Hills will be placed on a water line easement. X Yes _ No Sidewalks will be located _Yes _ No behind the side ditches ensuring adequate separation from motor vehicles. X Yes _ No _Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc 3~ ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 5. Open space and spacing of buildings or portions of buildings containing dwelling units. Definitions, rules for X Yes _ No interpretation, and requirements and limitations concerning open space and spacing of buildings or portions of buildings containing dwelling units shall be as provided in Article 6. All buildings are on their own separate lots and meet setbacks and open space requirements. All spacing shown on the typical building footprint exceeds building and fire code minimums. PLANNING BOARD RECOMMENDED FINDINGS Yes No C:\Documents and SettingslRdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc 3~ ARTICLE 8.6 AND 8.8 -APPLICATION COMPONENTS 1"Yes" indicates compliance• "No" indicates non-compliance) Ordinance Requirements 8.6 -The application for approval of a Special Use shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics disclosed. Additionally, the forms shall, when completed by the applicant, disclose the name(s) and addressles) of the owner(s) of the property involved, and all relevant information needed to show compliance with the general and specific standards governing the Special Use which is the subject of the application. 8.8 a) -Twenty-six (26) copies of the site plan prepared by a registered N.C. land surveyor, architect, or engineer and containing information listed in Article 14.2.2 of the Orange County Zoning Ordinance. Where the application involves a Preliminary Subdivision Plan, twenty-six (26) copies of the Plat prepared in accordance with Section V of the Orange County Subdivision Regulations shall be provided. 8.8 b) -Elevations of all proposed structures to be used in the development. PLANNING STAFF RECOMMENDED FINDINGS X Yes X Yes X Yes EVIDENCE SUBMITTED TO SUPPORT FINDINGS No Application was submitted on County-created forms. Names and addresses of owners and adjoining owners were submitted. No Twenty-six copies of a conventional plan and a flexible development plan were submitted in accordance with zoning ordinance requirements. No Elevations have been submitted. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc PLANNING BOARD RECOMMENDED FINDINGS Yes Yes Yes No No No ~7 ARTICLE 8.6 AND 8.8 -APPLICATION COMPONENTS (continued) ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 8.8 c) -For Class A Special X Yes No Uses twenty-six (26) copies of the Environmental Assessment and/or Environmental Impact Statement, if required by the Orange County Environmental Impact Ordinance. 8.8 d) -A fee, as set by the X Yes No Board of County Commissioners. 8.8 e) -Method of disposal of trees,. limbs, stumps and X Yes No construction debris associated with the permitted activity, which shall be by some method other than open burning. PLANNING BOARD RECOMMENDED FINDINGS The environmental Yes assessment has been sent to the State Clearinghouse for review and comments. Fees of 52,442 for the PD _Yes and SUP were submitted and deposited (receipt number R08-001961) A Management Resources _Yes Plan/Map and document have been submitted with a statement that states debris will be taken to an LCID landfill or recycled but not burned. (See map #4) No No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 5 -DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance; "No" indicates non-compliance PLANNING STAFF RECOMMENDED FINDINGS Ordinance Requirements Article 5 lists standards for minimum lot size, lot width, front, side and rear setbacks, maximum building height and lot coverage, and development intensity. EVIDENCE SUBMITTED TO SUPPORT FINDINGS There are no minimum lot sizes or setbacks in a Planned Development other than those shown on the preliminary plan. In this case the minimum lot size is 5,000 square feet and the minimum setbacks are 20- foot front, 8-foot sides and 15-foot rear. The applicant has applied for an Atlas Amendment/SUP to rezone property to PD-H-R5. The standards for the PD-H-R5 district are set forth in Article 5.1.2 and are as follows: a) Minimum lot area per dwelling unit 5,000 sq. ft. (per plan) X Yes No All lots are 5,000 square feet or greater. b) Minimum lot width - No specified minimum for PD's c) Required front setback - No specified minimum for PD's d) Required side and rear setbacks - No specified minimum for PD's . e) Maximum building height - 25 ft. Compliance with lot coverage and development intensity standards is addressed in Article 6. X Yes No X Yes No X Yes No X Yes _ No N/A Front = 20 feet. Exception: 30 feet for all lots adjoining School House Road Each Side = 8 feet; Rear = 15 feet All buildings will be two stories or less and less that 25 feet at mid roof line. Maximum coverage will be allocated to each lot after the street and sidewalk impervious surface is subtracted from the development maximum. Coverage will not exceed 40% of the lot area. C:\Documents and Settings\Rdavis\Desktop\Efiand Commoris\Staff Findings for Efland Commons PD.doc PLANNING BOARD RECOMMENDED FINDINGS Yes No Yes No Yes No _Yes No Yes No Yes _ No 1 ARTICLE 6 -APPLICATION OF DIMENSIONAL REQUIREMENTS 'Yes" indicates comaliance• "No" indicates non-comaliance) PLANNING STAFF RECOMMENDED FINDINGS Ordinance Requirements Article 6 lists specific standards, which apply to various types of development applications. Article 6.12 contains those development intensity standards, which apply to group developments controlled by the Land Use Intensity (LUI) system. a) Minimum gross land area -. 10,000 sq. ft. b) Maximum gross land area - N/A c) Maximum floor area ratio - .20 Maximum permitted by Ordinance is 2494 sq. ft. d) Required minimum open space ratio - .76 Required minimum open space 426,888 sq. ft. e) Required minimum liveability space ratio - .52 Required minimum liveability space - 291,747 sq. ft. f) Required minimum recreation space ratio - .20 Required minimum recreation space - 112,211 square feet X Yes No X Yes No X Yes No X Yes No Yes X No EVIDENCE SUBMITTED TO SUPPORT FINDINGS Applicant's site contains 12.88 acres or 561,053 square feet Maximums do not apply to residential only PD's which do not have a commercial component Application materials shows floor plans ranging between 1320 and 1560 ft sq Calculated by 561,053 x .20 equals 112,211 sq. ft for entire site or 2,494 sq ft/lot Applicant's plans indicate 221,943 sq. ft. of open space. Applicant's plans indicate 358063 sq. ft. of liveability space. Applicant's plans indicate sq. ft. of recreation space. Sidewalks may be counted as recreation space in planned developments. PLANNING BOARD RECOMMENDED FINDINGS _Yes No _Yes No _Yes No Yes No C:1Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~b ARTICLE 8 8 29 MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS ("Yes" indicates comaliance• "No" indicates non-comaliancel Ordinance Requirements PLANNING STAFF RECOMMENDED FINDINGS PLANNING BOARD EVIDENCE SUBMITTED RECOMMENDED TO SUPPORT FINDINGS FINDINGS In addition to a Preliminary Plan prepared in accordance with the Orange County Subdivision Regulations and the information required in 8.2, and 8.8, the following shall be submitted as part of the application: a. NOTIFICATION Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. b. DEVELOPMENT SCHEDULE A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. x Yes No x Yes No Letters mailed to owners Yes within 500 feet on August 8, 2008. Sign posted on property on August 8, 2008. Development schedule is indicated on the plan. There are 3 phases shown on the Conventional Plan. Build out is anticipated at 3 years. Yes No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) 1"Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF RECOMMENDED FINDINGS c.1. WATER/SEWER COMMITMENT If the proposed lots ale to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. If the proposed lots are to be served by a public sewer system proof of public sewer service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the sewer system providing the sewer service to the lots in the subdivision. If the proposed lots are to be served by a community water and/ or sewer system, proof that the system(s) will be operated either directly by or through contract with the water/or sewer provider whose service area or interest area it is, as defined in the Water and Sewer Management Planning and Boundary Agreement and Map adopted December 3, 2001, and as may be amended from time to time. PLANNING BOARD EVIDENCE SUBMITTED RECOMMENDED TO SUPPORT FINDINGS FINDINGS x Yes No WATER: Letter of approval Yes received from President of Orange Alamance Water System, Inc indicating capacity and availability. SEWER: The Orange County Board of Commissioner will have to approve the extension of public sewer to this property. Sewer capacity exists in the system and is on adjacent properties. c.2. WATER RESOURCE REPORT (For Private Wells) If the proposed lots are to be served by individual wells or community wells, a professionallyprepared groundwater yield analysis relating the proposed wells to the U.S. Geological Survev Water Resources Investigations Report 00-4286 and any later USGS Water Resource Investigation Report data available. The property is located within a 10-year transition area and is entirely within the Water and Sewer Management Planning and Boundary Agreement and Map confirmed and ratified in April 2001. _Yes No _Yes x N/A No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8 8 29 MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS c.3. SEWAGE DISPOSAL REPORT _Yes No If the proposed lots are to be served by individual septic X N/A systems the Environmental Health Division shall submit a report indicating approval for each building lot and for the open space if a homeowners' association amenity is proposed to be constructed within the open space. d. OPEN SPACE x Yes No CONNECTIVITY A map that demonstrates that the open space composition, accessibility, shape and size requirements as set forth in Section IV-B-10 of the Subdivision Regulations are to be met. e. NATURAL & HUMAN- _Yes No MADE RESOURCES x N/A A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other constructed features, historic and archaeological sites, and visual analysis of views into and from the site. f. PEDESTRIAN/BICYCLE PLAN x Yes No If the subdivision is located in a Transition Area designated as such on the Land Use Element of the Comprehensive Plan, a plan for sidewalks or pedestrian/bike lanes as part of the public roads using, where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system. For proposals not located in a transition area an off-road, pedestrian plan shall be submitted. Open space is connected to adjacent open space in Richmond Hills and is cross connected within this subdivision. The Biological Inventory did not indicate any important areas of habitat, vegetation, or special concern. The depth of water table is an issue when private well are to be used. The slopes are moderate except for the areas that are protected by stream buffers. Sidewalks will be discussed and designed, after the Public Hearing. The transportation planner and NCDOT did not indicate a need for eight additional feet of pavement for street in a residential neighborhood. Yes Yes Yes Yes No No No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc '7~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS Icontinued- ("Yes" indicates comoliance• "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS g. LANDSCAPE PLAN Yes No DETAILS x Yes No The Resources Management A landscape plan that shows: Plan indicates that open 1) the proposed locations, and space areas are to be types of plantings, 2) the undisturbed with the existing natural landscape with exception of stormwater existing topography, 3) the detention devices. The width of roadside and existing topography will be perimeter buffers to be left maintained on the site. No undisturbed, 4) the open mass grading is permitted. space (proposed undisturbed The landscaping will adhere and proposed improved) as to the zoning and subdivision well as type of ownership regulations that protect shall be submitted with the primary and secondary areas application. within lots. Natural vegetation will be maintained. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc y~ ARTICLE 8 8 29 MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) 8.8.29.1 B Additional Information (For all applications of over 40 lots) Ordinance Requirements a. SOLID WASTE The location within the subdivision of a solid waste convenience centerls) intended to serve the subdivision and, where appropriate, the area in which the subdivision is located. b. BIOLOGICAL INVENTORY A biological inventory which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities offsite, any existing threats to flora and fauna and potential for habitat enhancement. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS X Yes No Petitioner does not intend to provide a solid waste convenience center. Solid waste department has indicted that curbside pickup is available in this area of the county and will be sufficient to meet solid waste needs. X Yes No The Biological Inventory is attached and does not indicate any sensitive habitat or environmental areas will be affected. PLANNING BOARD RECOMMENDED FINDINGS Yes Yes No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~s ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED( SPECIFIC STANDARDS Icontinuedl I"Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF RECOMMENDED FINDINGS c. ENVIRONMENTAL MITIGATION A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of development of the subdivision or construction of homes or other buildings and structures associated with the subdivision. The mitigation plan shall include the following: _Yes No x N/A 1. An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; 2. A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; _Yes No x N/A Yes No X N/A PLANNING BOARD EVIDENCE SUBMITTED RECOMMENDED TO SUPPORT FINDINGS FINDINGS Yes No There are no wetlands on the site. There were no environmentally sensitive areas identified in the Biological Inventory. Yes No Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~ia ARTICLE 8 8 29 MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 3. Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; 4. A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; 5. A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and 6. A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, thirty percent (30%) of the amount of the letter of credit or escrow will be held for twelve (12) months or until the site is established, whichever is greater. Yes No N/A Yes No Yes No N/A Yes No Yes No N/A Yes No Yes No N/A Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~} ARTICLE 8 8 29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) 1"Yes" indicates compliance• "No" indicates non-compliance) d. TRAFFIC STUDY A traffic impact study is required for all applications for subdivisions with more than 40 lots outside of the transition areas, and 80 lots within transition areas. The study shall include an analysis of the need for public road improvements, including pedestrian- oriented enhancements, for on-site and off-site improvements as said improvements relate to the level of service impacted by the development. The traffic impact study shall be prepared in accordance with the requirements of Article 13. PLANNING STAFF RECOMMENDED FINDINGS _Yes No This project is within a X N/A transition area and is less than 80 lots. Therefore, a traffic impact analysis is not required. EVIDENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD RECOMMENDED FINDINGS Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED( SPECIFIC STANDARDS (continued) ("Yes" indicates comaliance; "No" indicates non-comaliance) 8.8.29.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: a. The project meets all applicable design standards and other requirements of the Zoning Ordinance and the Subdivision Regulations. b. The project meets all service provision criteria as set forth below: 1. Fire -identifies the primary and secondary responders and the source(s) of water. 2. Police -identifies the primary and secondary responders. 3. Rescue Services - identifies the primary and secondary responders. 4. Water Supply -source and capacity of water supply. 5. Wastewater Treatment Methods -provider and capacity of wastewater treatment source. PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS Yes No To be determined after Public Yes Hearing x Yes No Fire Marshall has indicated Yes the Efland Fire Department is primary responder and Mebane and Hillsborough secondary responders. x Yes No The Sheriff's office is the Yes primary responder. State police will be secondary for certain types of issues. x Yes No Efland Fire Department Yes x Yes No Orange Alamance Water System, Inc. System Capacity: 1.2 million gallons per day Current usage: 325,000 gallons per day x Yes No Orange County owned lines with Hillsborough treatment 300,000 Gallons per day capacity. No No No No Yes No Yes No C:\Documents and SettingslRdavislDesktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED( SPECIFIC STANDARDS (continued) ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF RECOMMENDED FINDINGS Standards of Evaluation c. Habitats shall be identified and evaluated in the Biological Inventory and are subject to the following: 1. An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory. Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and County staff; 2. Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction. Examples include preserving, planting, and maintaining a variety of native vegeta#ion (also dead trees and snags); installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species; or creating wetlands; PLANNING BOARD EVIDENCE SUBMITTED RECOMMENDED TO SUPPORT FINDINGS FINDINGS x Yes No Yes No Biological Inventory submitted; no adverse affects to habtat x Yes No Biological Inventory Yes No submitted; no mitigation required C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc /~ 5 ARTICLE 8 8 29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED- SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) Standards of Evaluation 3. Conservation easements or other acceptable means such as dedication to a public agency, conservancy or a similar agency are required to protect wetlands and other habitats while insuring proper long-term maintenance; and 4. Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access. Limited access may be allowed if proposed in a sensitive manner for environmental education purposes. PLANNING STAFF RECOMMENDED FINDINGS Yes No _Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS N/A N/A PLANNING BOARD RECOMMENDED FINDINGS Yes No d. Landscaping and Buffers 1. Protection of Existing Vegetation a. Existing vegetation shall be preserved as indicated on the approved landscape plan in accordance with the provisions of Article 12.2 of the Zoning Ordinance. x Yes No Typical Building lot layout on Conventional Preliminary Site Plan shows areas of protection Yes No Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS b. Tree protection x Yes No measures shall be installed Tree protection fence will be and maintained between all required at the Erosion areas of disturbance and Control permit stage. trees to be retained as shown on the approved landscape plan. A detail of the tree protection barrier proposed shall be included as part of the landscape plan submitted with the application; Yes No c. Corridors connecting x Yes No Yes habitats identified in the Open Space connectivity is biological inventory shall be shown on Conventional Site preserved along streams, Plan buffers, or other wooded areas. If destroyed during construction, such connections shall be restored using appropriate plant materials; d. Trees and stumps x Yes No Resources Management Plan Yes cleared for roads and states that no burning of building construction shall construction debris will either be used for timber occur. purposes or shredded for landscape mulch, composted, buried or otherwise disposed of BUT NOT BURNED. 2. Berms, fences and x Yes No No fences or walls noted to Yes landscaping walls may be be necessary by Staff used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions. r 3. To minimize visual impact x Yes No No entrance sign is proposed Yes by blending architecture into the surrounding landscape, foundation plantings are required at all freestanding entrance signs. 4. Use of xeriscaping x Yes No Preservation is the top Yes principles. priority in the landscaping; suitable plants will be used No No No No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~, ARTICLE 8 8 29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS e. Stormwater Management 1. No net increase in peak x Yes No Erosion Control to evaluate Yes flow leaving the site from final plans upon submittal the predevelopment conditions for the 1 year, 24-hour storm; . 2. The stormwater x Yes No Swales, natural flow and low Yes management system must impact devices such as level respect existing drainage spreaders will be used to patterns. Runoff shall be handle stormwater directed away from erosion-prone slopes. 3. Energy dissipaters shall x Yes No Yes be used where runoff is Swales, natural flow and low concentrated and impact devices such as level discharged, for example, at spreaders will be used to downspouts from rooftops handle stormwater and storm drains at parking areas. Runoff shall not be discharged directly into surface water, or other environmentally sensitive areas; 4. Concentrated x Yes No Swales, natural flow and low Yes stormwater, conveyed by impact devices such as level ditches, channels, pipes, spreaders will be used to swales or other handle stormwater conveyance systems must be dispersed and diffuse flow reestablished prior to discharge into a stream buffer; 5. Nitrogen load x Yes No Erosion Control will evaluate Yes contribution must be held final submittal drawing and to 3.6 Ibs per acre per enforce accordingly year. f. Drainage 1. All drainage structures x Yes No Stormwater Maintenance Yes will be installed and Agreement will be recorded maintained according to with final plat the approved Stormwater Management Plan. Nb No No No No No C:1Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates comaliance; "No" indicates non-compliance) PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 2. Subdivisions that include x Yes No Yes No retention/detention ponds Equivalent devices in shall comply with the accordance with NC DENR requirements in Section stormwater manual will be 6.23.4, Operation and used. Maintenance of Structural Best Management Practices. g. Grading and Erosion Control 1. Plans for grading and x Yes No Yes No erosion control comply Will comply with all Erosion with standards contained in Control rules and regulations the Orange County Erosion as well as State Neuse River and Sediment Control rules. Ordinance and Manual; 2. Construction is phased x Yes No Yes No to the extent practical to Construction follows a three minimize disturbance and phase approach. sedimentation; 3. Sediment control x Yes No Yes No measures will be properly Detention basins to handle installed to filter sediment silt and turbidity will be from runoff during install prior to an grading. construction and Conversion of the devices maintained until grading is will occur as stabilization complete and a permanent occurs in the sub basins. vegetative cover has been established and all slopes stabilized; and 4. Permanent landscaping, x Yes No Yes No groundcover, mulch, etc. Will comply with Erosion will be installed as soon as Control Ordinance and Neuse practical after construction River Buffer rules. activities for each phase are completed. C:\Documents and Settings\RdavislDesktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8 8 29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) I"Yes" indicates compliance• "No" indicates non-compliance) Ordinance Requirements PLANNING STAFF RECOMMENDED FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD RECOMMENDED FINDINGS h. Solid Waste Management A solid waste management plan, submitted as part of the Resources Management Plan, shall include the methodlsl of disposal and recycling of construction debris. i. Irrigation 1. Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; 2. The Resources Management Plan shall identify the sourcels) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and 3. Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. x Yes No Yes No Applicant indicates that recycling or disposal at a licensed LCID facility will occur. No burning is proposed or allowed. _Yes No No irrigation systems are Yes No x N/A proposed. _Yes No No irrigation systems are Yes No x N/A proposed. _Yes No No recycling of stormvvater is Yes No x N/A proposed. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8.8.29 -MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Requirements j. Habitat Maintenance 1. Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and 2. Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. k. Crime Prevention through Environmental Design (Reserved) I. Public Road Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County: PLANNING STAFF PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED RECOMMENDED FINDINGS TO SUPPORT FINDINGS FINDINGS x Yes x Yes x Yes No No habitat areas identified. No Open space areas will be left undisturbed except for the installation of utilities and stormwater devices. No There is no access management plan in place for this area. School House Road is a residential street and Tinnin Road functions as a major local, i.e. collector. Yes Yes Yes No No No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~ ARTICLE 8 8 29 MAJOR SUBDIVISION CLASS A SPECIAL USE (RURAL DESIGNATED OR URBAN DESIGNATED) SPECIFIC STANDARDS (continued) ("Yes" indicates compliance• "No" indicates non-compliance) m. Maintenance of Improvements All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements; recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners' Association documents. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS x Yes No All maintenance (trails, sidewalks, stormwater devices) and ongoing private expenses (lights, mowing, etc.) will be incorporated into the Homeowner's Association documents with the exception of the public streets. PLANNING BOARD RECOMMENDED FINDINGS Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ARTICLE 8 -SPECIFIC STANDARDS ("Yes" indicates compliance•_°No" indicates non-compliance PLANNING STAFF RECOMMENDED FINDINGS Ordinance Requirements Article 8.2.4 requires the applicant to address the following: a) .Method and adequacy of provision for sewage disposal facilities, solid waste and water service. b) Method and adequacy of police, fire and rescue squad protection. c) Method and adequacy of vehicle access to the site and traffic conditions around the site. x Yes No _ Yes X No _x_Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS Letters of approval from County Engineer and President of Orange Alamance Water System, Inc are provided Fire and rescue are adequate. Sheriff has yet to respond. There are two different direct routes to the site. Anticipated traffic will be approximately 380-450 trips per day. There is adequate capacity on the two roads to handle the additional trips. ~~ PLANNING BOARD RECOMMENDED FINDINGS Yes Nb Yes No Yes No C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc .~ ARTICLE 8 2 1& 8 2 2-APPLICATION COMPONENTS (GENERAL CONDITIONS) ("Will" indicates compliance• "Will Not" indicates non-compliance) ("Is" indicates compliance• "Is Not" indicates non-comaliancel Ordinance Requirements In accordance with Article 8.2.1 and 8.2.2 of the Zoning Ordinance, the Board of Commissioners shall also consider the following general conditions before the application for a Special Use can be approved: Article 8.2.1 & 8.2.2 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. Article 8.2.1 2. The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property). Article 8.2.1 3. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Will Will Not Will Will Not Is _Is Not PLANNING BOARD RECOMMENDED FINDINGS To be determined based on Will Will Not evidence presented at the hearing. To be determined based on Will Will Not evidence presented at the hearing. To be determined based on Is _ Is Not evidence presented at the hearing. C:\Documents and Settings\Rdavis\Desktop\Efland Commons\Staff Findings for Efland Commons PD.doc ~~. 3 ,~~ Efland Commons Neighborhood Information Meeting .Notes July 15, 2008 @ 7:00 PM Food Lab -Planning & Agricultural Building Attendees: 15 residents from the neighborhood (4 arrived late and did not sign in) Planning Staff: Robert P. Davis, AICP Developer: Robert (Bob) Barrett representing School House Road Partners, LLC Consultants: Jonathan Bailey, Engineering Technician Mr. Robert Davis of the Planning Staff explained the purpose of the meeting, the developer's request and the process that the petition will follow. Mr. Davis stated that the petitioner/developer is asking for BOCC approval of the 45-lot subdivision/rezoning project. Mr. Davis further explained that the 45-lot subdivision plan cannot be approved unless the property is rezoned to the R-5 category that will increase the density allowed on the tract. The petitioner is allowed to petition for a higher density project because this land falls within the 10-year transition area, an area in the County designated as suitable for higher density based on location and services available. The proposed project will have a density of approximately 3.5 units per acre; current density is one unit per acre. Lot sizes are in the 5,000 - 9,400 square foot range with just under 40% open space on the site. All streets will be public. Mr. Bob Barrett, petitioner/developer, explained that they were attempting to develop a moderately priced, affordable neighborhood without any government or private group (e.g. Habitat for Humanity) financial assistance. Mr. Barrett stated that an added benefit for residents is that, unlike Habitat Homes, appreciation flows to the owner of the home, which over the years have appreciated. Mr. Barrett stated that their request is for 45 homes of between 1,400 to 1,700 square feet with garages. He stated that they would seek green certification although he was not sure of which particular certification he would pursue. (There are various standards now on `green' certification). He stated that all homes would be stick built homes and that they were trying to keep Homeowners Association (HOA) dues in the $10 per month range. He stated that Chapel Hill/Carrboro based EmPOWERment, Inc, aHUD-certified housing counseling agency, would receive a $500 per house donation and will be the chosen management group to head the HOA. EmPOWERment, Inc. would offer financial education and home ownership training courses to residents. He stated that USDA Mortgage assistance would be available to help homeowners obtain financing and that there will be restrictions against this becoming an investor neighborhood. Mr. Barrett stated that he was to close on the property within a short time. ~d Issues/Questions/Comments at the NIM: 1) Will Orange Alamance water be provided to the subdivision? 2) How will the water lines be brought to the site? 3) What will be the impact of the water line and subdivision on existing residents and homes? 4) Will fire hydrants be placed along the new line outside of the subdivision? 5) Why haven't the fire hydrants at Efland School been relocated before now if they were unsafe and non-functional? 6) Will the street have curbs within the subdivision? 7) Will there be sidewalks provided? 8) Why can't this project be like Ashwick? 9) No green space behind lots 5, 6, and 7. Because lots are small and the McAdoo property to the rear (south) is undeveloped the tendency to encroach will be likely. 10) Will Tinnin Road be widened and improved to handle construction, existing and anticipated traffic? 11) Will School House Road be widened and improved to handle construction, existing and anticipated traffic? 12) Will additional right-of--way be needed along both Tinnin Road and School House Road? There was a question of there being a 60-foot right-of--way on both roads; the residents believe 50 feet is the width. 13) The speed limit on Tinnin Road is too high. 14) Will water pressure on School House Road and Tinnin Road be improved? 15) Lots 44 and 45 seem too small and irregular. 16) Will Public Service Natural Gas be extended to this subdivision? 17) This neighborhood is a multigenerational neighborhood and family has lived here many decades. This project will create big impacts on our neighborhood. 18) How will driveway and water lines be impacted when Tinnin Road is extended? Will there be any inconvenience or loss of service for extended periods of time? 19) Is this subdivision meant to be a place for UNC-Chapel Hill employees? 20) Will the subdivision have any recreation area? 21) A resident asked "if this project gets rezoned could I get mine rezoned too or is this just a one time deal for this developer'? Mr. Davis informed meeting participants that this petition is scheduled for a public hearing on August 25, 2008 at 7:30 PM in Hillsborough and that all persons will be allowed to speak in favor, in opposition or to make general comments about the proposal. Meeting adjourned at 9:00 PM. ~~1'. ~ ~~ Efland Biological Inventory Orange County, North Carolina TCG Job# 6112 Prepared for: Bob Barrett 919-260-4778 Prepared by: The ~CC~#~'l~C~ ~'~' _.~..~ The Catena Group, Inc. 410-5 Millstone Drive Hillsborough, NC 27278 Tel (919) 732-1300 Fax (919) 732-1303 July 2008 ~a Group r-. _ ~~ Efland Biological Inventory Orange County, North Carolina July 2008 1.0 Project Description and Purpose The Catena Group, Inc. (TCG) was contracted by Bob Barrett to conduct a biological inventory as part of the special use permit application for a proposed development site at the intersection of Schoolhouse Road (SR## 1314) and Tinnin Road (SR# 1313), Orange County, NC. This property is comprised of two parcels (Property Identification Number (Pll~ numbers 9845-40-5243 and 9845-40-5022), totaling approximately 9.5 acres (Figure 1). The purpose of this investigation is to conduct a basic flora and fauna inventory, with an emphasis on protected species and rare or significant natural habitats. This inventory provides a qualitative reference, or baseline, on general abundance, distribution, and habitat association for flora and fauna species occurring on the property. 2.0 Methodologies Mapping resources used in this investigation include the most recent USGS 7.5-minute topographic quadrangle map (Figure 1) and 2003 Orange County digital orthophotographs (Figure 2). The parcels were located via Orange County Parcel Data to determine the property boundaries, which were overlaid onto the above maps. 2.1 Pre-Field Investigation Database Search Prior to conducting the field surveys, TCG reviewed the North Carolina Natural Heritage Program (NHP) systematic inventory (database) of rare plant and animal species, the North Carolina Wildlife Resources Commission (WRC) database, and the US Fish and Wildlife Service database for any previous surveys and/or known rare species within the project area. A list of threatened, endangered and rare species, as well as significant natural communities known in Orange County is included in Appendix L 2.2 Field Investigation TCG conducted the field investigation on July 31, 2008, under hot and sunny conditions. Floral (plant) communities, rare species habitat, and significant fauna (wildlife) observations were identified and notable features were surveyed via satellite using a hand-held GPS unit (sub-meter accuracy). 2.2.1 Floral Community Plant surveys were conducted during the field investigation. Natural plant community classifications follow those presented by Schafale and Weakley (1990) whenever possible. Plant community Types significantly altered by human disturbance typically do not fall into a natural classification, and are thus categorized- in general terms (i.e. shrub/scrub, disturbedlmaintained, etc.). Specimen trees or other significant floral Efland Bio Inventory TCG Job#6112 July 2008 ~3 ~. ,~ Cofena Group features encountered were noted and mapped. Survey efforts were concentrated on potential protected or rare plant species habitat that may occur on the property. 2.2.2 Faunal Community Visual faunal surveys were conducted during the field investigation. This cursory effort identified the presence of habitats suitable for protected and rare species, and also included field identification of species encountered • (visual observation of species, scat and/or tracks) to the highest taxonomic level as practicable in the allocated timeframe. Sampling results (faunal community) will be considered representative of the community / habitat type sampled. Important faunal locations as observed during the field investigation were noted and mapped. 3.0 Results This section describes species composition and relative proportions of both natural and disturbed vegetative communities within the project area. Faunal species observed during the field investigation are also noted in this section following the plant community in which they were observed. Plant community mapping is displayed in Figure 3. Scientific names are included in Appendix II. Photographs of several plant communities and animal species are included in Appendix III. 3.1 Flora Communities and Associated Fauna Dry-Mesic Oak -Hickory Forest -Disturbed State (50% Coverage) Dry-mesic oak-hickory forests are characterized by a variety of upland acidic soils on mid slopes, low ridges, upland flats, and other dry-mesic upland areas (Shafale and Weakley 1990). The community on this site is described as "disturbed" due to a significant amount of human activites and refuse observed throughout the area. The community canopy is dominated by various oak and hickory species. The primary species observed in this community are included in Table 1 and are the extent of the community is shown in Figure 3. Table 1. Dry-Mesic Oak-Hickory Forest Vegetative Community Canopy Sub-Canopy Shrub Herbaceous Vines White oak * Mulberry Chinese privet** Nepalese browntop** Wild grape Shagbark hickory* Mockernut hickory Blackhaw Striped wintergreen Common greenbrier Northern red oak Black gum Red maple Poison ivy Green ash Pignut hickory Lowbush blueberry Tulip poplar Sweet gum White oak Black walnut* Red maple Post oak Post oak Sycamore Willow oak *Dominant species ** Invasive/Exotic species Efland Bio Inventory 2 July 2008 TCG Job#6112 ~~ C~otenp ;~va.~~,-,.:;~zi. , Group Faunal species observed within the Dry-Mesic Oak-Hickory forest community include spiders, box turtles, great-crested flycatchers, yellow billed cuckoos, red-spotted purples, pearly eyes, and deer. Piedmont/Low Mountain Alluvial Forest -Disturbed State (21 % Coverage) This community is found in floodplains too small to have distinguishable vegetative zones and is dominated by a variety of alluvial soils and vegetation (Shafale and Weakley 1990). This community was observed near the two waterways /drainage features on the properly. The community on this property is described as "disturbed" due to a significant amount of refuse and human activities observed throughout the area. The primary species observed are included in Table 2. Table 2. Piedmont/Low Mountain Alluvial Forest Vegetative Community Canopy Sub-Canopy Shrub Herbaceous Vines Sweetgum* American elm* Chinese privet** Nepalese Wisteria** browntop* Green ash* Slippery ehn* Mockernut hickory Mixed grasses Common greenbrier Red maple American beech Blackhaw Green ash saplings Trumpet creeper Loblolly pine Eastern red cedaz Hackberry Sedges Poison ivy Willow oak Black cherry Brackenfern Black oak White oak Wild grape Vireinia nine Willow oak Strawberry bush * Indicates dominant species ** Invasive/Exotic species Faunal species observed within the PiedmontlLow Mountain Alluvial Forest community include Carolina wren, white-breasted nuthatch, red-bellied woodpeckers, and great- crested flycatchers. Disturbed/Maintained Communit~(16% Covera~el This vegetative community is found in powerline right-of--ways and in abandoned residential areas. This community is comprised of species that thrive in disturbed habitats, and also includes species associated with the adjacent communities. It is variable in plant associations. and structure, and cannot be associated with a natural plant community. The primary species observed are included in Table 3. Table 3. Disturbed/Maintained Vegetative Community Canopy Sub-Canopy Shrub Herbaceous Vines None None Willow oak Nepalese browntop ** Wisteria** Loblolly pine Mixed grasses Blackberry Chinese privet* * Pokeweed Winged elm Shepherd's purse Shortleaf pine Common rush Eastern red cedar Pokeberry St. Andrew's cross Horseweed Wood sorrel Pearly everlasting Oueen Anne's lace Efland Bio Inventory TCG Job#6112 July 2008 1P~ Clheatena _::,:-;.+r~,. .. Group Canopy Sub-Canopy Shrub Herbaceous Vines Dog fennel Thistle Broom sedge Switchgrass Fox tail grass Fescue grass False nettle Oxeye daisy * Indicates dominant species ** Invasive/Exotic species Faunal species observed within the Disturbed /Maintained community include red-eyed vireos, tiger swallowtails, eastern tailed blues, silver spotted skippers, summer azures, Carolina saddlebags, and common white tail dragonflies. Pine Plantation (13 % Coverage) The pine plantation community is dominated by pine. This community appears to have been formerly planted for pines ,and is in the process of succession. The pines are approximately 30 years old with an average diameter at breast height (DBH) between 8- 10 inches. The primary species observed are included in Table 4. Table 4. Pine Plantation Vegetative Community Canopy Sub-Canopy Shrub Herbaceous Vines Loblolly pine* Red maple None None Wild grape Eastern red cedar Greenbrier Willow oak Poison Ivy Sweet gum Green ash American elm White oak American beech Wineed elm * Indicates dominant species Faunal species observed within the Mixed .Hardwood /Pine community include deer (scat) and blue grey gnat catchers. 3.2 Rare Species TCG searched for protected species and/or habitat in the project area as listed for Orange County (Appendix II). No protected species or habitat was observed within the project area. 4.0 Conclusion Natural communities (Dry-Mesic Oak-Hickory forest and Piedmont/Low Mountain Alluvial Forest) comprised the majority of the property (approximately 71 percent of the properry). The remaining 29 percent is comprised of disturbed communities (Disturbed Disturbed/Maintained and Pine Plantation). Plants and animals observed on this property Efland Bio Inventory 4 July 2008 TCG Job#6112 o~ Group _ ~8~ are consistent with local communities. No protected species were observed within the property during the field investigation. 5.0 Standard of Care The environmental services performed by TCG have been conducted with that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its industry practicing in the same locality under similar budget and time constraints. No other warranty, expressed or implied is made. 6.0 References NC Natural Heritage Program (NHP). 2008. Orange County Element Occurrence Data. htt~//www.ncnhp.or~/index.html. Accessed July 28, 2008. Database updated May 4, 2008 NC Wildlife Resources Commission (NCWRC). 2008. State and Federally Listed Endangered and Threatened Wildlife Species of North Carolina. Accessed July 28, 2008. http•//www ncwildlife or_g/fs index 07 conservation.htm. Schafale, M.P: and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina. Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEM. Raleigh, NC. US Fish and Wildlife Service (USFWS). 2008. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species; Orange County, NC. htt~•//www.fws.gov/nc-es/es/countyfr.htrril. Accessed July 28, 2008. Database updated January 31, 2008. Efland Bio Inventory 5 July 2008 TCG Job#6112 ~~ c eno Group FIGURES Figure 1-Topographic Map Figure 2 -Aerial Photograph Figure 3 -Plant Community Map Efland Bio Inventory July 2008 TCG Job#6112 ~~ ~~ I PiantCommu hides Dry-Mesic Oak Hickory Forest Piedmont La W Alluvial Forest Disturbed~aintained __Pine Plantation .. ~,~ ~~ ~, ;~~ I i t ~' .... ~~, QJ f' Y' ~ ~. . C . . 7 (, ';'3~'i ~~~~~F V 6 ~ <~ ; M ~- 7"he C ,a y ~ ~ T :. 1~ ; ~_ ~ ,g ~ ~ ~,~ ~~~`~ {~~ , afiena Grpup E Hand Biological inv Date: entory Orange Co S~ie: unt ~ J~-Y2°°8 Figure y, Nor~~ Carolin ° so a L 1°D Feet Job No.: -J 6112 ~l APPENDIX I oa.~ ~..~ Group ._... NC NHP Inventory Database: Rare Plant and Animal Species s in Orange County US FWS Database: Rare Plant and Animal Species s in Orange County Efland Bio Inventory July 2008 TCG Job#6112 ~a NC NHP County Element Search Page 1 of 1 NC NHP County Element Search Results New Search Returned Elements: 24 using: ORANGE LISTED [Invertebrate Animal 10J [Vascular Plant 8] [Vertebrate Animal 6] State Fe eral State Global Coun - Mai __ Major Grouo Scientific Name Common Name Status Status Rank Rank a u Habitat Invertebrate Alasmidonta heterodon Dwarf Wedgemussel E E S1, G1G2 Orange - Current Link Animal Invertebrate Alasmidonta undulata Triangle Floater T None S2 G4 Orange - Current Link Animal Invertebrate Alasmidonta varicosa Brook Floater E FSC S1 G3 Orange - Current Link Animal Invertebrate Fusconaia masoni Atlantic Pigtoe E FSC S1 G2 Orange - Current Link Animal Invertebrate Lampsilis cariosa Yellow Lampmussel E FSC S1 G3G4 Orange - Current Link Animal Invertebrate Lasmigona subviridis Green Floater E ~ FSC S1 G3 Orange - Current Link Animal Invertebrate Sfrophitus undulatus Creeper T None S2 G5 Orange -. Link Animal Current Invertebrate Toxolasma pullus Savannah Lilliput E FSC S1 G1G2 Orange - Current Link Animal Invertebrate Villosa constricts Notched Rainbow SC None S3 G3 Orange - Current Link Animal _ Invertebrate. Villosa vaughaniana Carolina Creekshell E FSC S2 G2 Orange - Current Link Animal P aa ~ular Baptisia minor var. aben'ans Prairie Blue Wild Indigo T None S2 G5T2 Oran e - Obs u re Link l Vascular Desmodium ochroleucum Creamy Tick-trefoil SR-T FSC SH G1 G2 Orange - Historical Link Plant Vascular EchinBcea laevigata Smooth Coneflower E-$C E S1 G2 Orange - Historical Link Plant Vascular Cinders melissifolia Pondberry E E S1 G2 Orange - Historical Link Plant ular Monotropsis odorata Sweet Pinesap SR-T FSC S3 G3 Oran e - Current Link P ant lar Phacelia covillei Buttercup Phacelia SR-T FSC S3 G3 Oran e - Current Link Plant Vascular pycnanthemum torrei Torrey's Mountain-mint SR-T FSC S1 G2 Orange - Current Link Plant Vascular Rhus michauxii Michaux's Sumac E-SC E S2 G2G3 Orange - Historical Link Plant Vertebrate Ambloplites cavifrons Roanoke Bass SR FSC S2 G3 Orange - Current Link Animal Vertebrate Etheostoma Collis pop 2 Carolina Darter -Eastern SC FSC S2 G3T3Q Orange - Link . Animal piedmont Population Current Vertebrate Haliaeetus leucocephalus Bald Eagle T None S3B,S3N G5 Orange - Historical Link Animal Vertebrate Hemidactylium scutatum Four-toed Salamander SC None S3 G5 Orange - Current Link Animal Vertebrate Necturus lewisi Neuse River Waterdog SC None S3 G3 Orange - Current Link Animal Vertebrate picoides borealis Red-cockaded E E S2 G3 Orange - Hist ri al Link Animal Woodpecker o c NC NHP database updated on Sunday, May 4th, 2008. Search performed on Friday, 1 August 2008 @ 09:58:06 EDST Explanation of Codes http:// 149.168.1.196/nhp/find.php 8/1/2008 ~~ Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Orange County, North Carolina Updated: O 1-31-2008 Common Name Scientific name Federal Record Status Status Vertebrate: American eel Anguilla rostrata FSC Current Bald eagle Haliaeetus leucocephalus BGPA Current Carolina darter Etheostoma Collis FSC Current lepidinion Red-cockaded woodpecker Picoides borealis E Historic Roanoke bass Ambloplites cavifrons FSC Current Invertebrate: Atlantic pigtoe Fusconaia masoni FSC Current Brook floater Alasmidonta varicosa .FSC Current Dwarf wedgemussel Alasmidonta heterodon E Current Green floater Lasmigona subviridis FSC Current Savannah lilliput Toxolasma pullus FSC Current Yellow lampmussel Lampsilis cariosa FSC Current Vascular Plant: Butternut Juglans cinerea FSC Historic Creamy tick-trefoil Desmodium ochroleucum FSC Historic Michaux's sumac Rhus michauxii E Historic Smooth coneflower Echinacea laevigata E Historic ~~ Sweet pinesap Torrey's Mountain-mint Nonvascular Plant: Lichen: Monotropsis odorata Pycnanthemum torrei FSC Current FSC Current Definitions. of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC =federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) =threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP =experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,. for consultation purposes, and as species proposed for listing on private land. P =proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to,land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http•//www.fws.~ov/mi rg atorybirds/baldea lg e.htm Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened -zS due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current -the species has been observed in the county within the last 50 years. Historic -the species was last observed in the county more than 50 years ago. Obscure -the date and/or location of observation is uncertain. IncidentaUmigrant -the species was observed outside of its normal range or habitat. Probable/potential -the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. ~~ ah,~.... GfouP APPENDIX II Plant Common and Scientific Names Efland Bio Inventory TCG Job#6112 July 2008 "7 1 =:;x:~,,:,_>:...._ `o'er c~u~, Canopy, subcanopy and shrub species Common Name Scientific Name Red maple Acer rubrum Mockernut hickory Carya alba Pignut hickory Carya glabra Shagbark hickory Carya ovata Hackberry Celtis occidentalis American beech Fagus grandifolia Green ash Frazim{s pennsylvanica Black walnut Juglans nigra Eastern red cedar Juniperus virginiana Sweet gum Liquidambar styraciflua Chinese privet Ligustrum sinense Tulip poplar Liriodendron tulipifera Mulberry Morus sp. Black gum Nyssa sylvatica Sycamore Platanus occidentalis Black cherry Prunus serotina Shortleaf pine Pinus echinata Loblolly pine Pinus taeda Virginia pine Pinus virginiana White oak Quercus alba Willow oak Quercus phellos Post oak Quercus stellata Northern red oak Quercus rubra Black oak Quercus velutina Winged elm Ulmus alata American elm Ulmus americana Slippery elm Ulmus rubra Blackhaw Viburnum prunifolia Efland Bio Inventory TCG Job#6112 Herbaceous and vine species Common Name Scientific Name Foxtail grass Alopecurus sp. Pearly everlasting Anaphalis sp. False nettle Boehmeria sp. Trumpet creeper Campsis radicans Broom sedge Carex scoparia Sedges Carex sp. Thistle Cirsium sp. Horseweed Corryza sp. Queen Anne's lace Daucus carota Strawberry bush Euorrymous americanus Dog fennel Eupatorium capillifolium Fescue grass Fescue sp. Wood sorrel Geum canadense St. Andrew's cross Hypericum hypericoides Common rush Juncus effusus Oxeye daisy Leucanthemum vulgare Nepalese browntop Microstegium vimineum Switchgrass Pannicum sp. Pokeweed Phytolacca sp. Pokeberry Phytolacca americana Brackenfern Pteridium sp. Wintergreen Pyrola sp. Blackberry Rubus allegheniensis Common greenbrier Smilaz rotundifolia Poison ivy Toxicodendron radicans Lowbush blueberry Yaccinium angustifolium Wild grape Vitus rotundifolia Wisteria Wisteria floribunda July 2008 ~~ ,~ ~~~ - <.: Group APPENDIX III Site Photographs July 31, 2008 Efland Bio Inventory TCG Job#6112 July 2008 7~ Grpup Photo 2: Disturbed/maintained community with Pine Plantation on the left in the background and Dry-Mesic Oak-Hickory Forest on the right in the foreground. Efland Bio Inventory July 2008 TCG Job#6112 Photo 1: PiedmontJLow Mountain Alluvial Forest ~b ,~,~ ~~~ ...: Photo 4: Abandoned residential area with in the Disturbed/maintained community with Dry-Mesic Oak-Hickory Forest in the background. Efland Bio Inventory TCG Job#6112 July 2008 Photo 3: Pine Plantation along Schoolhouse Road. ~!-~tt ~ ~ MEMORANDUM Date: August 7, 2008 To: Board of County Commissioners Planning Board From: Robert P. Davis, Planner III Re: Environmental Assessment for Efland Commons Subdivision ~.~ The Orange County Environmental Impact Ordinance requires that the Planning Staff prepare a summary of the comments received from the various State Clearinghouse agencies on the submitted Environmental Assessment (EA). The State Clearinghouse has requested to extend the review period due to staffing issues at some of the agencies. These comments were returned on August 6`". There are no issues that were raised in the State agency reviews that have not already been captured by local representatives. Should any additional recommendations from State agencies arrive subsequent to the public hearing comments will be incorporated into the Special Use Permit conditions, if necessary, at the Planning Board recommendation stage of the Public Hearing and Decision process. Orange County representatives who normally provide comments on the EA have made their comments and they have been incorporated into the staff report. These include the ERCD and Erosion Control departments. To date staff has not encountered any information that would indicate environmentally sensitive areas are being compromised or placed at risk. The Biological Report performed by The Catena Group (Hillsborough, NC) did not identify any endangered species or any flora or fauna of unique characteristics. The environmentally sensitive area (stream at the western line) that potentially could be impacted by development has been left undisturbed and will be further protected by a stream buffer. When all comments are back from the State staff will make a complete the report on the Environmental Assessment. 8~ Orange-Alamance Water System, Inc. .;, ;, -'i"-'~ ./ /. -~- ~-i ~. •~ POST OFFICE BOX 187 MEBANE, NORTH CAROLINA 27302 TELEPHONE: (919) 563-6212 May 23, 2008 Mr. Robert W. Barrett Schoolhouse Road Partners, LLC 707 Rosemary Street Carrboro, North Carolina 27510 Dear Mr. Barrett: Reference is made to your letter dated May 9, 2008 regarding your request for Orange- Alamance Water System, Inc. to furnish water to twelve acres of property located at the end of Schoolhouse Road and Tinnin Road in Efland. Approximately 42 homes will be built on this property. Please be advised that Orange-Alamance Water System, Inc. has approved your request to furnish water to this property. We would like to advise the costs involved. An assessment fee of $500.00 per lot is required to be paid upon completion of installation of the water line. A service connection fee of $150.00 per lot is required when developer is ready to connect to the If you have any questions, please feel free to contact Danny Jeffries, Distribution Manager, at (336) 260-3090. ORANGE-ALAMANCE WATER SYSTEM, INC ~.- George Workman, Jr. President S3 May 21, 2008 Robert Davis, AICP Current Planning Supervisor Orange County~Planning Department PO Box 8181 Hillsborough, NC 27278 Dear Robert: This letter is in reference to our recent conversation about the proposed low income housing project that is to be located (as per my understanding) on lots pin numbered 9844493706, 9845405022, and 9845405243 lying in the vicinity of the intersection of Tinnen and School House Roads in Efland. My understanding of that conversation is that you need some sort of letter of certification or verification that: 1) these properties have access to the Efland sewer system; and 2) that the Efland sewer system has the capacity to accept the projected sewer flow from a 45 lot (+/-) subdivision. This letter is intended to provide that certification or verification as far as is possible. The properties pin numbered 9844493706 and 9845405022 both abut the right- of-way to School House Road and there is sewer in School House Road and its right-of-way. The property pin numbered 9845405243 is landlocked and does not have access to sewer without some sort of recombination and subdivision of the properties that would provide for an easement to that property. As I have not seen a final lot layout or sewer design layout for the proposed subdivision, I cannot verify that the entirety of these properties will have access to sewer without some sort of wastewater pumping station arrangement. I generally oppose the incorporation of wastewater pumping stations from new developments into the Efland sewer system if the County has to accept operational and maintenance responsibility for them. However, as this subdivision has been represented by the developer, Bob Barrett, as being for the purpose of developing low income housing, an important goal of the Board of County Commissioners, the Board may well override my objections. I can assure you that the Efland sewer system has the capacity, both in a physical sense and in the since of the contractual wastewater treatment agreement with Hillsborough to accept a projected (from a regulatory standpoint) 16, 200 gallon per day wastewater flow from the proposed subdivision. ~~ Mr. Robert Davis May 21, 2008 Page 2 trust that this certification, as far as it goes, meets your requirements. If you have any additional questions or need clarification of the information provided herein, please advise. Sincerely, Paul K. Thames, Jr., PE County Engineer Cc Bob Barrett ~~ ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~onntP °f ®' Comprehensive Planning ~ tea` + ~ °'P 306E Revere Road (91.9) 245-2589 If ~ P O Box 8181 (919) 644-3002 (FAx) ,~~ Hillsborough, wWW.co.orange.nc.us - '~°~f~ ~6~°"°~ North Carolina, 27278 ,_ ~ i _ ~ ~' ~ i ~ ~~ ~ i• zr_ (y ... f~s ~~ MEMORANDUM Date: August 7, 2008 To: Robert Davis, Current Planning Supervisor CC: Craig Benedict, Planning Director From: Karen Lincoln, Transportation Planner Subject: Efland Commons Efland Commons Subdivision proposes a 45 lot subdivision with major access off a residential street (Public School House Road, SR 1314). The proposed subdivision is located in a transition area identified on the Comprehensive Land Use Plan Map and requires a Class A Special Use Permit. The Class A Special Use Permit for a Major Subdivision that is located in a transition area requires apedestrian/bicycle plan "as part of the public roads, using where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system." Comments regarding the proposed Efland Commons subdivision follow. The developer should have apedestrian/bicycle plan that indicates how appropriate facilities will be incorporated into the development. The proposed development does not meet requirements to use the NCDOT Traditional Neighborhood guidelines for public streets. NCDOT bicycle guidelines require four feet for a bicycle lane, or a wide outside lane of 14'. Proposed streets are 20' wide. Whereas in a small development, bicycles can usually safely share the road with motorized traffic and there is general desire in the County for less paved surfaces, bicycles can share the road with motorized traffic within the subdivision on the proposed cul-de-sacs, Green Gardens Road and Royal Fern Drive. Tinnen Road is the main road through this area and should have a minimum 24' paved surface. That would provide a little extra lane width for bicycles, and would allow potential widening to full 4' bicycle lanes through future NCDOT Resurfacing Programs, as the proposed subdivision will not cause an immediate need for bicycle lanes on that section of Tinnin Road in the near future and there are no provisions for bicycle lanes on the rest of Tinnen Road.' Sidewalks should be provided along both sides of Tinnin Road, along Public School House Road, and along at least one side of the proposed Royal Fern Drive and Green Gardens ~~ Comments regarding Efland Commons Subdivision August 6, 2008 Page 2 Road. The developer should coordinate with the NCDOT regarding need for any encroachment agreements and provide a mechanism acceptable to NCDOT of sidewalk maintenance so that those roads can be accepted by NCDOT for maintenance. Tinnin Road is the major road in this area that connects to the public road system, and would be the likely collector street for development in this area. Although it may be desirable to have major access off Tinnin Road, the proposed development allows extending Tinnin Road with future development of adjacent land, and provides right-of-way that could connect Green Gardens Road with the future extension of Tinnin Road. ~7 JeeGreattivH. anc~ ~arles ~1r~yisory Got~yccit D f Drat~.9e Gos~nt~ P.O. Box 8181, 300 W. Tryon St., Hillsborough, NC 27278 (919) 245-2660 MEMORANDUM To: Robert Davis, Current Planning Supervisor From: Recreation and Parks Advisory Council Re: Efland Commons Subdivision Date: July 17, 2008 Thank you for the opportunity to review the preliminary drawings for two proposed plans in this subdivision. The "Conventional Plan" and the "Flexible Development Plan" each provide interesting possibilities. At it's June 24th meeting the Recreation and Parks Advisory Council (RPAC) authorized a subcommittee to review this application and respond in time to meet the July Planning deadline. RPAC does not meet again until August 26. The subcommittee met on site to review the application and walk the property. It was noted that both plans include adequate buffer areas to protect the stream that runs through the northwest corner of the property. It was noted that this stream joins McGowan Creek further to the northeast. Many large hardwood trees were scattered throughout the property and it would be the desire of RPAC to avoid and protect as many of these as possible when clearing and during construction. Preservation of these trees will provide added value to the environment and to the property. The subcommittee noted that both plans include a 30' open space corridor, which would serve to connect the community to the open space to the west of the property. This property, in turn connects to Efland Cheeks Park and Efland Cheeks Elementary School. RPAC is highly supportive of the notion of walkability between communities and parks. The committee appreciates the commitment of the developer in making this connection possible. A natural surface trail with an appropriate stream crossing would facilitate access and would be desirable. Finally, RPAC recommends payment in lieu of publicly dedicated open space for either the 45 or for the 271ot plan. cc: Lori Taft oC+ 0~..wwe: OWNER:OLL~M. MCDADE 3045CHOOL HOUSE RD. sy SITE INFORMATION: ~~,„,•,.•~ n,.,,y,~,,,,y,,,ly,y~y,"n...t~m,n..,,,.p,p..uel yu.,Ra,,,p CONSTRUCTION INFORMATION: EFtAND, NC 1720&GEOAGE TA187A lS TRACT AREA-Bel,ggg eQ A, .-+/. 13,88 Ae. / ~/" I~e ~ ANUMBER OF YEARS I'O BU7LDOU7-IYRS 450 PINEY MOUNTAbi RD. CHAPbL HBl. NC 2751-0 LOTAREII -178,3078q F4-•F/-8.881b. -4B.el% (~~~c 1~'i ve6egi..kea.v.x.a,rxnrtir,.~..r.xllxworerrn.rn. DBVELOPbR: SCHOOL HOUSb ROAD PARTNBRS, LLC i~ ~ .c.rnu B. NUMBER OF HOUSES TO BE BUB.T OPR7TSPACE ,388,881 Egfl.-+/-B.30AC. -10.87% ~ ~~ v ]e. o,.ra.aw.r sawle..ear..wucm a.~. e.~e..,er 707 ROSEMARY ST. CARRBORO, NC 17510 DURINO EACH YEAR UNTIL BUILDOUT-IS/YR Ik2-IM'R3 TOTAL ROW -89,8378q F1-+/-I.PA Aa -10.03% x •,~ .o~r.w..rrvrn.rrrr-.I.u.~ C. AVERA08 PRICE OF HOUSES WCLUDINO ET7tbfiT NAMES: LOUIS LANH, SHORT STREET, SO ,I,OBDAR ,~pyB ~~}4 Tj4 ter. N„yure~rv~'er~~ LOiS FOR EACH YFAR TO BUIi.DOUTdI75~000 WATER BY: ORANGEIALAMAN~CE V~YATER TA7CMAP- Deob 1830 Pg: 640 n.ea.ne.rn:r.nl.ww Baep 676 Pg: 878 1; v.als..n.v"r,.n•y, SEWER BY: ORANGE COUN7Y SEWER Beep 887 P0: 176 - CURREN7'ZONW0.AI \ / -- - - - - - ~ _ PROPOSID ZONINO-PD-HB6 (6B704E FAMILYRESIOFNTDIL O W/ACC6680RYS1~) A mod, _ PR1.8648108033,8841483708,6848406148 e8T1Y0et e10v0' \ bYID6RYI0U880RPAC~l8B,8B08P (&87Ac)(80%) Isni'0] Im.]u If'f lI~RRYIOUB AAEA/101>•91138F 1 Re624'~3t 112-04' 1 1 Mh ewsw~02t 110.]1' 6ee'15'11t Il).N• _ I M1'YPlC1U.e060W0 W C i,,~((( 1 ~o' ~ .OP6DiSPA~CE . •' e0'.' . -655 I \ \ IBS vi ~ ~ W 2T ~g f 25 w4 !.'~'. ~ ~ ~"" w ~s Vicinity Map . J'.. •'~ eoa eons. , ~ ran .'. e I C ~ 3~ Not to scale ~ t~~~' .•:•:;:; ••••'•~ `x!y Ieereem ~4nac ~~~ I L J ~ FFdV .•' H o Rtw wla as •.1, b ~, G I ~ 80 Oiw~-Y~u~itt ~~ I -~ ' ~~~/_ ~ ~ p .~. .• 412n ,: can ~~~ ...:i,~• x 21 22 23 ~ y'~. 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G J ~ 0 b U ~ ^ c~ • ~ .• ~ . -z • Z ~ ~ t ~~ \ ^~ ~ . . t1 (~-r-r~ ®i .^ 1!•I i ~. °/C~ Page 1 of 1 Robert Davis From: Baker, E T [etbaker@duke-energy.com] Sent: Monday, July 14, 2008 1:57 PM To: Robert Davis Subject: Tinnin Rd & School House Rd -Proposed Subdivision Mr. Davis, In regards to your memorandum for the Tinnin Road/School House Road subdivision proposed in Orange County, Duke Energy will provide service to this property in accordance with the terms set forth in our service regulations and rate schedules filed with the North Carolina Utility Commission. The project proposes the relocation of an existing Duke Energy power line that serves other customers in that area. Please be advised that if a line relocation is done, there may be a cost for the relocation, a suitable and reliable. route must be provided arid the necessary rights of way(s) will need to be obtained and provided by the developer. Right of ways from other landowners may also need to be obtained and provided by the developer to allow for relocation. Thank you, Todd Baker Duke Energy 919-687-3150 07/15/2008 .~ - ~d ,.saute ` o,LLUS" ~ ~@~~ North Carolina Department of Administration Michael F. Easley, Governor Britt Cobb, Secretary August 5, 2008 Mr. Robert P. Davis Orange County Orange Co. Planning & Inspections Dept. P.O. Box 8181 Hillsborough, NC 27278 Re: SCH File # 08-E-0000-0394; SLOPING; Rezoning and recordation of a 45-lot single-family subdivision on 12.88 acres in Cheeks Township, Orange County (submitted pursuant to Orange County SEPA ordinance) Dear Mr. Davis: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are reviewer comments which identify issues to be addressed in the environmental review document. The appropriate document should be forwarded to the State Clearinghouse for compliance with State Environmental Policy Act. Should you have any questions, please do not hesitate to call me at 807-2425. Sincerely, Valerie W. McMillan, Director State Environmental Policy Act Attachments cc: Region J MallingAddress: Telephone: (919)807-2425 Location Address: 1301 Mail Service Center l:ax (919)733-9571 116 West .Tones Street Raleigh, NC 27699-1301 State Courier #51-O1-00 Raleigh, North Carolina e-mail valerie.iv.mcmil[an c~rdoa.nc.gov An Equal Opportunity/Affirmative Action Employer at ~~ f~~~~~ ~~~ NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor MEMORANDUM TO: Valerie McMillan ~„~' State Clearinghouse `~`~ FROM: Melba McGee Environmenta Review Coordinator ,~ gc,G2~a ~~~ -q.° William G. Ross Jr., Secretary The Department of Environment and Natural Resources has completed its review. Our regional office within the geographic area of the proposed projects has identified permits that may be required prior to project construction. For more information, the project applicant should notify the respective regional office marked on the back of the attached permit form. Thank you for the opportunity to review. Attachments 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-3060 \ Internet: www.enr.state.nc.uslENRI An Equal Opportunity / Affirmative Action Empbyer - 50 °~ Recycled 110 % Post Consumer Paper ~Dne Carolina aturallr~ `~3 State of North Carolina Department of Environment and Natural Resources Reviev~ing Office: ~~• ~ . ~L ~~ INTERGOVERNMENTAL REMEW -PROJECT COMMENTS Project Number: ~~~ ~~~ Due Date: After review of this project it has been determined that the ENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Cazolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits arc available from the same Regional Office. Normal Process Time PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time limit) ermit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. (90 days) not discharging into state surface waters. Application 180 days before begin activity. On-site inspection Pre-application NPDES - permit to discharge into surface water and/or conference usual. Additionally, obtain permit to construct wastewater 90-120 days ^ permit to operate and construct wastewater facilities treatment facility-granted after NPDES. Reply time, 30 days after receipt of (N/A) discharging into state surface waters. plans or issue of NPDES permit-whichever is later. ^ Water Use Permit Pre-application technical conference usually necessary 30 days (N/A) Complete application must be received and permit issued prior to the 7 days [] Well Construction Permit installation of a well. (15 days) ' Application copy must be served on each adjacent riparian property owner. On-site inspection. Pre-application conference usual. Fill'mg may require SS days [] Dredge and Fill Permit Easement to Fill from N.C. Department of Administration and Federal (90 days) Dredge and Fill Permit Permit to construct & operate Air Pollution Abatement Application must be submitted and permit received prior to construction and operation of the source. If a permit is required in an ^ facilities and/or Emission Sources as per 15 A NCAC. area without local caning, then there are additional requirements and 90 da s y (2Q.0100 thru 2Q.0300) timelines (2Q.0113). ^ Permit to consWct & operate Transportation Facility as Application must be submitted at least 90 days prior to construction or 90 days per 1 S A NCAC (2D.0800, 2Q.0601) modification of the source. Any open buming associated with subject proposal must be in compliance with 1 S A NCAC 2D.1900 Demolition or renovations of structures containing asbestos material must be in compliance with 15 A 60 days [_] NCAC 20.1 110 (a) (1) which requires notification and N/A (90 days) removal prior to demolition. Contact Asbestos Control roup 919-707-S9S0. ^ Complex Source Permit required under 15 A NCAC 2D.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & imentation control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality 20 days re or any part of an acre. An express review option is Section) At least 30 days before beginnin activity. A fee of$65 for the fir st^-ac ~ (30 days) ~ // ~~ available with additional fees. C ~ a- ~._-rJ ~!-+1ti ~O ~ ~ ~-- S C] Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular attention should be given to (30 days) design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets. ~ On-site inspection usual. Surety bond filed with ENR Bond amount varies ] Mining Perini[ with type mine and number of acres of affected land. Any arc mined greater 30 days than one acre must be permitted. The appropriate bond must be received (60 days) before the permit can be issued. ^ North Carolina Buming permit On-site inspection by N.C. Division Forest Resources if permit exceeds 4 days 1 day (N/A) n Special Ground Clearance Buming Permit - 22 On-site inspection by N.C. Division Forest Resources required "if more than five acres of ground clearing activities are involved. Inspections should be 1 day counties in coastal N.C. with organic soils requested at least ten days before actual bum is planned." (N/A) ^ IOiI Refining Facilities I N/A I 90-120 days (N/A) If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction. certify construction is according to ENR approved plans. May also require ^ Dam Safety Pertnit permit under mosquito control program. And a 404 permit from Corps of 30 days Engineers. An inspection of site is necessary to verify Hazard Classification. A (60 days) minimum fee of $200.00 must accompany the application. An additional nrntesainc fee haaetl nn a nernentaoe. nr the total nrnir,M Gnat will he rennired ~~ Normal Process Time. (statutory time limit) PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS File surety bond of$5,000 with ENR running to State of NC conditional that ] 0 days [] Pennit to drill exploratory oil or ga; well any well opaied by drill operator shall, upon abandonment, be plugged N/A according to ENR rules and regulations. ^ Geophysical Exploration Pennit Application filed with ENR at least 10 days prior to issue of permit. Application by letter. No standard application form. 10 days N/A Application fees based on structure size is charged. Must include descriptions 15-20 days ^ State Lakes Construction Permit & drawings of structure & proof of ownership of ripazian N/A ro erty. [:] 401 Water Quality Certification N/A 60 days (130 days) l-] CAMA Permit for MAJOR development $250.00 fee must accompany application 55 days (150 days) ^ CAMA Permit for MINOR development $50.00 fee must accompany application 22 days (25 days) Several geodetic monuments aze located in or neaz the project area If any monument needs to be moved or destroyed, please notify: ^ N.C. Geodetic Survey, Box 27687 Raleigh, NC 2761 I Abandonment of any wells, if required must be in accordance with Title I SA. Subchapter X.0100. ^ Notifiption of the proper regional office 's requested if "orphan" und;rground storage tanks (LISTS) are discovered during any excavation operation. ^ Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. 45 days (N/A) ^ Tar Pamlico or Neuse Riparian Buffer Rules required. * Other comments (attach additional pages as necessary, being certain to cite comment authority) ^4~ `"113 ~' y' ~ ~. r , t -~ 1~~~/ ~ r- ,r. ~~ ® ' l `y rrr"""` 331 ~~ ~ V/q .- ~•J 'a Y~ ~~~ ! 'C : ~,i~yy y ,fig (~ y, /~~y ~~' ~~ ~~~ ` s ~` % ~ . r.-- .~... . REGIONAL OFFICES Questions regarding these permits~should be addressed to the Regional Office marked below. ^ Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 (828) 296-4500 ^ Fayetteville Regional Office 225 North Green Street, Suite 714 Fayetteville, NC 28301-5043 (910)433-3300 ^ Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 (704) 663-1699 Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, NC 27609 (919) 791-.4200 ^ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796-7215 ^ Washington Regional Office 943 Washington Square Mall Washington, NC 27889 (2521946-6481 ^ Winston-Salem Regional Office 585 Waughtown Street _ Winston-Salem, NC 27107 (336) 771-5000 NORTH CAROLINA STATE CLEARINGHOUSE ~J'S ' DEPARTMENT OF ALtMINISTRATION INTERGOVERNMENTAL REVIEW ~~ ~ ~~,~ ~~~~~ STATE NUMBER: 08-E-0000-0394 A01 DATE RECEIVED: 06/30/2008 AGENCY RESPONSE: 07/25/2008 REVIEW CLOSED: 07/30/2008 MS SHIRLEY FOYE CLEARINGHOUSE COORD DEPT OF TRANSPORTATION ~ ~ ~. STATEWIDE PLANNING - MSC #1554 ~ ''~~ ,4~~ ~ ~4 ~,~ ~, „~ ~.. RALEIGH NC ,~ '°%`3, ,fa eon ~~C 2®08 ~'. REVIEW DISTRIBUTION ~•~K~ -, CC&PS - DEM, NFIP ~n ~ ~: DENR LEGISLATIVE AFFAIRS °`r ~ DEPT OF CUL RESOURCES ~ DEPT OF TRANSPORTATION ~~,"1 y~`1`' TRIANGLE J COG ~.`~~"`C~fl71~~i~~ PROJECT INFORMATION APPLICANT: Orange County TYPE: State Environmental Policy Act ERD: Scoping DESC: Rezoning and recordation of a 45-lot single-family subdivision on 12.88 acres in Cheeks Township, Orange County (submitted pursuant to Orange County SEPA ordinance) The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT COMMENTS ATTACHED SIGNED BY: DATE: ~~ ~ ~ Q ~Ip sµSfA7)co~ ~~ ~~~~~ STATE OF NORTH CAROLINA DEPARTIVIENT OF TRANSPORTATION MICHAEL F. EASLEY GovERxoR July 7, 2008 MEMO TO: North Carolina State Clearinghouse Department of Administration Intergovernmental Rlev~iew/~ From: Jamal Alavi, P.E. V ,/~ NCDOT Transportation Planning Branch SUBJECT: 08-E-4000-0394, Orange County Thank you for allowing the Transportation Planning Branch to review this document. In reviewing the document, we have the following comment: • Since the new subdivision roads will connect to state system roads; SR 1314 (School House Road) and SR 1313 (Tinning Road); a driveway permit /encroachment agreement authorizing construction on State right-of--way must be obtained from the Division of Highways before beginning any construction. Driveway permit application for this project should be made to the NCDOT's Division 7, District 1 office located in Graham, North Carolina (336-570-6833) to ensure compliance with NCDOT's subdivision roads ordinances. The following website will provide additional information/requirements necessary for dedication of the subdivision roads as public. http://www.ncdot.org/doh/preconstruct/altern/value/manuals/newsubdiv02-15-05 ~df If you have any questions or concerns please feel free to contact myself, Tyler Bray or Scott Walston at 919-733-4705. LYI~mo TIPPETT SECRETARY Attachments MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION TRANSPORTATION PLANNING BRANCH 1554 MAIL SERVICE CENTER RALEIGH NC 27699-1554 ~~ TF'~B httpJ/ncdot.org/doh/preconstrucf/tp6/ LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH, NC 27601 Phone: 919-733-4705 Fax: 919-733-2417 NORTH CAROLINA STATE CLEARINGHOUSE ~~~` - ~°^ DEPARTMENT 7F AI,i'~IINISTRATION f C~7 INTERGOVERNMENTAL REVIEW ~- -~.'-- „„ ~:'v'_ STATE NUMBER: 08-~='~fl~A'~-~~'b~`•k`t'~'P;01~"~~ DATE RECEIVED: 06/30/2008 AGENCY RESPONSE: 07/25/2008 REVIEW CLOSED: 07/30/2008 MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION CC&PS - DEM, NFIP DENR LEGISLATIVE AFFAIRS DEPT OF CUL RESOURCES DEPT OF TRANSPORTATION TRIANGLE J COG PROJECT INFORMATION ~ ~ ~~t`°f ,r,~ ~ ~ `~ ~~ e,jt APPLICANT: Orange County ~"°''`"`" ry ~ , ~ ~. -;~ p ¢ n ~g~~,'j/Unea ~f ~'' ~.. v-'a _ ~~ T... ~t .~i ~~, ~ ~ '~~~ ~~~ 08 S' ~~~Iv~ NG ~/y2/od ~L n~~~ TYPE: State Environmental Policy Act ERD: Scoping DESC: Rezoning and recordation of a 45-lot single-family subdivision on 12.88 acres in Cheeks Township, Orange County (submitted pursuant to Orange County SEPA ordinance) The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT COMMENTS ATTACHED SIGNED BY: ~. M,Pnt. DATE: a ~~ ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director C~~ntP u/ ®~ Comprehensive Planning ~~` * ~ °p 306E Revere Road (919) 245-2589 it ~ P O Box 8181 -. (919) 644-3002 (FAx) ,- Hillsborough, www.co.orange.nc.us ~"°~l~ jai°~~°' North Carolina, 27278 MEMORANDUM Date: August 7, 2008 To: Robert Davis, Current Planning Supervisor CC: Craig Benedict, Planning Director From:. Karen Lincoln, Transportation Planner Subject: Efland Commons Efland Commons Subdivision proposes a 45 lot subdivision with major access off a residential street (Public School House Road, SR 1314). The proposed subdivision is located in a transition area identified on the Comprehensive Land Use Plan Map and requires a Class A Special Use Permit. The Class A Special Use Permit for a Major Subdivision that is located in a transition area requires apedestrian/bicycle plan "as part of the public roads, using where appropriate, alternative North Carolina Department of Transportation design guidelines that include pedestrian/bike lanes as part of the public road system." Comments regarding the proposed Efland Commons subdivision follow. The developer should have apedestrian/bicycle plan that indicates how appropriate facilities will be incorporated into the development. The proposed development does not meet requirements to use the NCDOT Traditional Neighborhood guidelines for public streets. NCDOT bicycle guidelines require four feet for a bicycle lane, or a wide outside lane of 14'. Proposed streets are 20' wide. Whereas in a small development, bicycles can usually safely share the road with motorized traffic and there is general desire in the County for less paved surfaces, bicycles can share the road with motorized traffic within the subdivision on the proposed cul-de-sacs, Green Gardens Road and Royal Fern Drive. Tinnen Road is the main road through this area and should have a minimum 24' paved surface. That would provide a little extra lane width for bicycles, and would allow potential widening to full 4' bicycle lanes through future NCDOT Resurfacing Programs, as the proposed subdivision will not cause an immediate need for bicycle lanes on that section of Tinnin Road in the near future and there are no provisions for bicycle lanes on the rest of Tinnen Road. Sidewalks should be provided along both sides of Tinnin Road, along Public School House Road, and along at least one side of the proposed Royal Fern Drive and Green Gardens ~~' i.;omments regarding Efland Commons Subdivision August 6, 2008 Page 2 Road. The developer should coordinate with the NCDOT regarding need for any encroachment agreements and provide a mechanism acceptable to NCDOT of sidewalk maintenance so that those roads can be accepted by NCDOT for maintenance. Tinnin Road is the major road in this area that connects to the public road system, and would be the likely collector street for development in this area. Although it may be desirable to have major access off Tinnin Road, the proposed development allows extending Tinnin Road with future development of adjacent land, and provides right-of-way that could connect Green Gardens Road with the future extension of Tinnin Road. ~C~ ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM TO: Robert Davis, Current P/arming Supervisor From: Rich Shaw, ERCD Land Conservation Manager Date: July i, 2008 Subject: Efland Commons -Major Subdivision Proposal Thank you for the opportunity to review a Preliminary Plan for the "Efland Commons" major subdivision proposal. The proposed development would be located on 12.88 acres off School House Road, adjacent to Efland-Cheeks Elementary School (Cheeks Township). ERCD staff comments on subdivisions are generally to a) address any concerns with respect to potential impacts on important natural or cultural resources, and b) identify any areas that might be desirable for possible dedication to the County for public recreation/open space pursuant to Section N-B-7-b of the Orange County Subdivision Ordinance. My comments on this proposal are based on an examination of the submitted "Conventional Preliminary Plan" (dated 5/22/08) and a "Conservation Cluster Flexible Development Plan" (6/5/08) and a review of ERCD's comprehensive resource database. The Conventional Plan shows 45 proposed lots along five streets (2 existing). The home sites are enveloped by 5.2 acres of Open Space (40.37%) -most of which is linear space around the perimeter of the development. A portion of the Open Space (approx. 1 acre) is located in the center of the development and surrounded by the backside of 16 home sites. Another part of the Open Space would help to buffer a stream that flows through the. northwest corner of the property. The Conventional Plan includes a cul-de-sac with a 30-foot-wide accessway to the western perimeter Open Space. Immediately west of that Open Space (and proposed cul-de-sac) is Open Space /Common Property within the adjacent. Richmond Hills subdivision. Richmond- Hills has a 100-foot-wide easement along its eastern property boundary for a connector trail to Efland-Cheeks Elementary School (located immediately south). People in the Richmond Hills community use that easement to access a gateway to the School and to the County's Efland-Cheeks Community Park. It would be good to enable the residents of Efland Commons to access that same walkway and gateway into the School/Park complex. The Flexible Development Plan shows 27 proposed lots along four streets (2 existing). The proposed 5.79 acres of Open Space (44.96%) is divided by the proposed road network into six areas. One area would help to buffer the northwestern stream. Another portion would provide a common area surrounded by the backside of 13 home sites. About one-half of the Open Space would be clustered in the eastern half of the development on both sides of the existing Tannin Road (although 3 home sites are embedded within the Open Space). Environment and Resource Conservation PO Box 8181 / 306-A Revere Road Hillsborough, NC 27278 (919) 245-2590 ~v~ Both the Convention Plan and the Flexible Development Plan would help to protect the stream that originates on the Orange County park properly located to the southwest and then flows northeast to where it joins McGowan Creek. There are no other known significant natural resource areas (e.g., natural heritage sites, proposed wildlife corridors, prime forest} located on the property. Both plans appear consistent with the County's desire to minimize adverse environmental impacts with respect to the protection of floo~lains wetlandsF natural areas and wildlife habitat. The Flexible Development Plan would provide slightly more Open Space (5 8 acres versus 5 2 acres and more of that Open Space would be concentrated in a larger area of the development. Unfortunately, the presence of three home sites within that Open Space would reduce the options available to the rest of the community for using the Open Space (because of the privacy issues). As noted earlier, the Conventional Plan appears to provide a better opportunity to link the residents of this proposed subdivision to the Efland-Cheeks School and Community Park. Residents wanting to walk to the School/Park could do so by way of the Richmond Hills subdivision, which has an existing community walkway and gate through the fence for entering the School property. Let me know if there are any questions. cc: David Stancil, Lori Taft d Environment and Resource Conservation PO Box 8181 /306-A Revere Road Hillsborough, NC 27278 (919) 245-2590 loa RESIDENTIAL FISCAL IMPACT TEMPLATE: SERVICE STANDARD METHOD Bureau of Economic 8~ Business Research -University of Florida Modified 4/15/97 -Orange County, NC Planning Department SECTION 1 -PROJECT DATA: ENTER THE FOLLOWING DATA FOR EACH PROJECT: PROJECT: Efland Commons TOWNSHIP: Cheeks CONSTRUCTION PERIOD: 2009to2011 Beginning Year: 2009 Ending Year: 2011 Inflation Rate: 4.00% CHARACTERISTICS OF HOUSEHOLDS: Persons/House ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 2.47 Children/House: ENTER "1" BESIDE APPLICABLE SCHOOL DISTRICT BELOW. 0.30 Non-Elderly: 70.00% HOME SALES DATA: Average Distribution Number of Sales Price of Units Year Homes ($) by Year 2009 15 175,000 33.33% 2010 15 175,000 33.33% 2011. 15 175,000 33.33% 2012 0 0 0.00% 2013 0 0 0.00% SCHOOL DISTRICT DATA:. ENTER "1" IN ( )BESIDE SCHOOL DISTRICT IN WHICH PROJECT IS TO BE LOCATED TO GENERATE STUDENT DISTRIBUTION BY SCHOOL TYPE. School District: School Attendance: Orange County ~ 1) Elementary School 45% Middle School 23% Chapel Hill-Carrboro ( 0) High School 32% SECTION 2 -LOCAL GOVERNMENT AND SCHOOL DISTRICT DATA BUDGET YEAR: 2007-2008 COUNTY POPULATION: (NC Demo) for July 2007 130148 SCHOOL DISTRICT STUDENT POPULATION: 6996 COUNTY EMPLOYMENT: POSITIONS PER CAPITA General Services, Governing, and Management 172 0.0013 Public Safety 222 0.0017 Community & Environment + Culture & Recreation 85 0.0007 Human Services 315 0.0024 Total 793 0.0061 SCHOOL DISTRICT EMPLOYMENT: POSITIONS PER STUDENT Total 1,780 0.2544 COUNTY PER CAPITA REVENUES ($): REVENUES PER CAPITA Taxes -Other Than Property 21,795,222 167.46 Intergovernmental 22,024,660 169.23 Charges for Service 21,029,293 161.58 Licenses/Permits, Investments, Miscellaneous + Transfers 7,445,828 57.21 i ~3 COUNTY PER CAPITA EXPENDITURES ($): EXPENDITURE PER CAPITA General Services, Governing, and Management 13,439,027 103.26 Public Safety 18,831,723 144.69 Community & Environment + Culture & Recreation 10,329,168 79.36 Human Services 41,200,818 316.57 Education (Recurring Capital) 941,520 7.23 Non-Departmental 31,435,700 241.54 COUNTY PER EMPLOYEE EXPENDITURE ($): EXPENDITURE PER EMPLOYEE General Services, Governing, and Management 13,439,027 78361.67 Public Safety 18,831,723 84827.58 Community & Environment + Culture & Recreation 10,329,168 122094.18 Human Services 41,200,818 130754.74 Education (Recurring Capital) 941,520 1186.99 SCHOOL DISTRICT PER STUDENT EXPENDITURES ($): EXPENDITURE PER STUDENT County Government 21,939,739. 3136.04 School District 0 0.00 State and Federal 36,418,902 5205.67 SCHOOL DISTRICT PER EMPLOYEE EXPENDITURES ($): EXPENDITURE PER EMPLOYEE County Government 21,939,739 12325.70 School District 0 0.00 State and Federal 36,418,902 20460.06 TAX DATA: ENTER APPLICABLE ASSESSMENT RATIO AND ELDERLY EXEMPTION: County Tax Rate ($) excludes 0.3148 to schools 0.9500 Per $100 Assessed Valuation School District Tax Rate ($) includes 0.3148 from O. C. Per $100 Assessed Valuation Assessment Ratio 100.00 Elderly Exemption 0 $11,000 Where Applicable SECTION 3 -DEMOGRAPHIC PROJECTIONS BASED ON PROJECT DATA YEAR 2009 2010 2011 2012 2013 HOUSING UNITS 15 30 45 45 45 POPULATION 37 74 111 111 111 SCHOOL CHILDREN Elementary 2.03 4.05 6.08 6.08 6.08 Middle 1.04 2.07 3.11 3.11 3.11 High School 1.44 2.88 4.32 4.32 4.32 TOTAL 5 9 14 14 14 COUNTY GOVERNMENT ADDITIONAL EMPLOYEES General Government 0.05 0.10 0.15 0.15 0.15 Public Safety 0.06 0.13 0.19 0.19 0.19 Public Works 0.02 0.05 0.07 0.07 0.07 Human Services 0.09 0.18 0.27 0.27 0.27 TOTAL 0.23 0.45 0.68 0.68 0.68 SCHOOL DISTRICT 0.23 0.45 0.68 0.68 0.68 ADDITIONAL EMPLOYEES i~ SECTION 4 -PROJECTED FISCAL IMPACT OF PROJECT ON COUNTY GOVERNMENT YEAR 2009 2010 2011 2012 2013 TAX BASE ($1000) 2,625 5,355 8,194 8,522 8,863 REVENUES ($) Property Tax 24,938 50,873 77,845 80,959 84,197 Other Taxes 6,205 12,906 20,133 19,358 20,133 Intergovernmental 6,270 13,041 20,345 19,562 20,345 Service Charges 5,987 12,452 19,425 18,678 19,425 Miscellaneous 2,120 4,409 6,878 6,613 6,878 TOTAL ($) 45,518 93,680 144,625. 145,170 150,977 EXPENDITURES ($) General Government 3,826 7,958 12,414 12,910 13,427 Public Safety 5,361 11,151 17,395 18,091 18,815 Public Works 2,940 6,116 9,541 9,923 10,320 Human Services 11,729 24,396 38,058 39,580 41,163 Education 14,380 29,911 46,661 48,527 50,468 Non-Departmental 8,949 18,614 29,038 30,199 31,407 TOTAL ($) 47,185 98,145 153,107 159,231 165,600 NET FISCAL IMPACT ($) -1,667 -4,465 -8,482 -14,061 -14,623 SECTION 5 -PROJECTED FISCAL IMPACT OF PROJECT ON SCHOOL DISTRICT YEAR 2009 2010 2011 2012 2013 REVENUES ($) County 14,380 29,911 46,661 48,527 50,468 School District 0 0 0 0 0 State 23,426 48,725 76,011 79,052 82,214 TOTAL ($) 37,806 78,636 122,672 127,579 132,682 EXPENDITURES ($) County 14,380 29,911 46,661 48,527 50,468 School District 0 0 0 0 0 State 23,426 48,725 76,011 79,052 82,214 TOTAL ($) 37,806 78,636 122,672 127,579 132,682 NET FISCAL IMPACT ($) 0 0 0 0 0 / D~ SECTION 6 - SUMMARY OF PROJECTED DEMOGRAPHIC/FISCAL IMPACTS YEAR 2009 2010 2011 2,012 2013 HOUSING UNITS 15 30 45 45 45 POPULATION 37 ~ 74 111 111 111 SCHOOL CHILDREN Elementary 2 4 6 6 6 Middle 1 2 3 3 3 High School 1 3 4 4 4 TOTAL 5 9 14 14 14 COUNTY EMPLOYEES 0.23 0.45 0.68 0.68 0.68 SCHOOL EMPLOYEES 0.23 0.45 0.68 0.68 0.68 TAX BASE ($1000) 2,625 5,355 8,194 8,522 8,863 COUNTY BUDGET ($) Revenues 45,518 93,680 144,625 145,170 150,977 Expenditures 47,185 98,145 153,107 159,231 165,600 BALANCE -1,667 -4,465 -8,482 -14,061 ~ -14,623 SCHOOL DISTRICT BUDGET ($) Revenues 37,806 78,636 122,672 127,579 132,682 Expenditures 37,806 78,636 122,672 127,579 132,682 BALANCE 0 0 0 0 0 COMBINED BUDGETS ($) Revenues 83,324 172,316 267;297 272,749 283,659 Expenditures 84,991 176,781 275,779 286,810 298,282 BALANCE -1,667 -4,465. -8,482 -14,061 -14,623 SECTION 7 -SUMMARY OF PROJECTED PUBLIC SCHOOL CAPACITY IMPACTS SCHOOL DISTRICT DATA: School District: School Attendance: Orange County YES ) Elementary School 45% Middle School 23% Chapel Hill-Carrboro NO ) High School 32% YEAR 2009 2010 2011 2,012 2013 SCHOOL CHILDREN Elementary 2 4 6 6 6 Middle 1 2 3 3 3 High School 1 3 4 4 4 TOTAL 5 9 14 14 14 SCHOOL CAPACITIES -ALL SCHOOLS CURRENT ENROLLMENT -ALL SCHOOLS Elementary 3,922 Elementary 3,158 Middle 2,166 Middle 1,637 .High School 2,518 High School 2,201 TOTAL 8,606 TOTAL 6,996 YEAR 2009 2010 2011 2012 2013 PROJECTED ENROLLMENT . Elementary 3,245 3,333 3,385 3,464 3,556 Middle 1,617 1,631 1,689 1,724 1,748 High School .2,223 2,224 2,237 2,249 2,250 TOTAL 7,085 7,188 7,311 7,437 7,554 16 (~, T~/!• ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~oootp of ®' Current Planning ~~ ''P 306E Revere. Road (919) 245-2575 tl ~ P O Box 8181 ~, (919) 644-3002 (FAx) ,- Hillsborough, WWW.co.orange.nc.us '''°'14 Eeso"c~ North Carolina, 27278 _~n ar + .-~- ... CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT AND SPECIAL USE PERMIT ORANGE COUNTY, NORTH CAROLINA I, Robert P. Davis, Planning Supervisor, Orange County, North Carolina, DO HEREBY CERTIFY that I have mailed, or have had mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request for a Planned Development under Article 7 with a Class A Special Use Permit under Article 8.8.29 of the Orange County Zoning Ordinance for Major Subdivision Class A Special Use, Urban Designated (Single- family residential with accessory uses) to each property owner, as listed on the Tax Records filed with the petition, as required by Article 20, Section 6.3 of the Orange County Zoning Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 7th day of August, 2008. Robert P. Davis, AICP Planning Supervisor l v7 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AfCP, Director ~.ognlP °( ®r Current Planning ~q ; ~ QP 306E Revere Road (919) 245-2575 ~7 " ~ P O Box 8181 (919) 644-3002 (FAx) #° Hillsborough, www.co.orange.nc.us ~°~rh ~4~~~`°p North Carolina, 27278 F ~~. ~ _ ~ ~--~ -t NOTICE OF A PENDING REZONING ACTION A zoning atlas amendment to amend the Official Zoning Atlas for Orange County, North Carolina for the property of Robert W Barrett agent for School House Road Partners, LLC (holder of purchase options) and Ollie McDade Bonnie McDade Sandra McDade, Ester W. Tate Christopher A Tate• Eric T Tate Jeffery D. Tate and Ann Schawb to change the zoning classification from Rural Residential R-1 (present zoning classification) to Planned Development - Housing - RS (proposed zoning classification) and Special Use Permit Class A of property located along the northern side of School House Road (SR 1314) at the Tinnin Road (SR 1313) intersection and also on the eastern side of Tinnin Road being further identified by Orange County Tax Records as: PIN: 9844-49-3706 PIN: 9845-40-5022 PIN: 9845-40-5243 The principal use allowed in the proposed zoning district is: Single-family residential, without efficiency apartment. Typical accessory uses will also be allowed. The Orange County Board of County Commissioners and the Orange County Planning Board will hold a joint public hearing at 7:30 PM on this rezoning on August 25, 2008 at the F. Gordon Battle Courtroom at 106 East Margaret Lane Hillsborough, NC 27278. A public notice will be posted on the premises at least ten 10 days before the hearing, and a legal advertisement will appear in the Durham Herald and the News of Orange for two successive weeks with the ~ ~~ first notice appearing not less than ten (10) days nor more than twenty-five (25) days prior to the public hearing. This notice is being sent to you because your property is either included in this rezoning or is within 500 feet of the properly proposed for a zoning classification amendment. This notice is provided pursuant to N.C. General Statutes 153A-343 and Orange County Zoning Ordinance Article 20.6. If you have any questions concerning this rezoning, please contact the Orange County Planning and Inspections Department, P.O. Box 8181, Hillsborough, NC 27278, Telephone (919) 245-2575 or 245-2585 or (336) 227-2031 (Ext 2575 or 2585). f~~F• CURRENT PLANNING DIVISION Application For Orange County Planning & Inspections Planned Development District P.O. Box 8181 Hillsborough, NC 27278 Zoning Atlas Amendment 919 245-257~5''~ F(AX 919/ 6q44-3002 ~j 1. I (We) ~)~ ~ ~ e ( t-t-DLQ SP ,~ I GQ.~~{~-~S ~ f --~ ~ Owner CASE# ~~ - ~. ~ ~ of ~ c ~-I~U`tti f~DY~CI ~ ~siU ~~ ~0~~~ Street Address City State Zip Code Telephone C t o~ do hereby petition to amend the Zomng Atlas of Orange ounty. P~ ~- [-}- ,)~ 44 2. By reclassifying from the Zoning District R 1 to the Zoning Districts~ g~.~~sF I~+z S ~ i11Q~i1~~'~1` -~ ~~ ~ ~ /~ 1D4~7~ i17~ Ji7d~ fiGt ~' ~ `^'''~-~ltl~~stSt=~Lltes~ 3. The property located ,A ~ ~t ~ A . rt~~~ w ~ ~ and having frontage(s) along bordering streets as follows ~ can ~~ l ~~~s ~° ~~ ~` ' ` ~S f y 2~` 4. Containing ~ 2, ~ ~~ acres. ~ Ll ~ S- Z~ ~ ~~ ~ ~ 5. TMBL(s) PIN #(s) . , °I g y .~ ~l os-o 2 2 6. Intended use(s) of the property: ~ ! ` ` (Please attach on a separate sheet any additional information about the in tied use or y special conditions to which the petitioner wishes to be bound) 7. OWner(S) SlgnatllI'e(S): We aclmowledge the provisions in the Zoning Ordinance for general '`:_ ADDTI'IONAI: INFORMATION ~z_ ~3 ~ } 4 "''^ r - use and planned development zoning and hereby proceed with a planned development zoning petition. TO BE SUBMITTED }~ PETTITON r `_ k r ' ~ , L CERTIFICi1TE OF OWNERSHIP , r <~ '~ ' ff r ~ ~ ~ Slwwmg the names of all awna'(s) `of oecli lot ~d Q N d^ ~ E TGt r a list of names, addie~ses of all ed3aaai ~p~opeYty nn (( -- nn ~fJ 1'LA ~/,LL L~ i ' ~ /1.11 r1~/1B~ ()VYr1G9 Wlthln $oo~(OOey be _ *obtained l]rom,Lar-d , Records m Oie (3ovcinment Savrcea CCUkr 203. .. , Came:vn 5tieet Fiilleboevugh, I3C) end aiamp~, end ediecmt addriessod envelopes of all rnvneis 8. If the petition is executed by property owner, but an attorney or an _ s ovcneis wit)iin 500 fact of the tied. , agent will handle public speaking, etc., please indicate: 2. CURRENT GLStTA?C MAP(e)_showmg each]ot, } m be ncnoncd~ar>d all ad}acent plvpct>es ~v,thm ' ~ S`~' SN A Co i e~ ~ `~D 7 ~ ~ ~~~--i ~ ~ ~ ~ soo (may be obtai„ea from the Ana R~c«as ,ovanmmt Saviccs Curter 203 Camwa Stred,~%, =` t ^ , . f y ~ Attorney or Agent Street Address ~- . H>~b~aP~ NCl = ~'~ ~' i, s ~ , ~ '' ~IEGAliDESCRIP'I'ION of lend requeelyd for , . ; ~, 3 , _ ,.- ~ L / U raonmg' typod on a sepemte ettaclmd page If City State Zip Telephone t ehm those ' ~ lots each having a sep~atcr~', ,, dcvcriptipns mast be co~bµmcd mto o~:,~! ~,. 9. Notification signs will be prepared and posted by the Planning Staff when the deecription'of tho p of all the property.' ; ` l Th d 1 ps•opaty(s):Deed(s) Th>B >s normally found m the' a rezomng application Is scheduled for Public Heanng. a require eg advertisin is also handled for ou b the Plannin Staff. as a ~ ~ bolmaq d or >8 nr~ed w g Y Y g in the Dood(n) aa,a Rccadod Plat If the Doed ;, PLEASE MAKE AN APPOINTMENT FOR SUBMITTAL OF YOUR APPLICATION ~ r°~'tD a ~O1dOd ~' a coPS! °f that Rccudod " Plat must be nttarbed:' (Copies' of Doods and ' - IMPORTANT: Only Applications with original signatures Roco~ r>am ~' be obtainod from the,orangc County Register of Deods Office. w. '- - are considered complete. Faxed Applications NOT accepted. a...IVSTIFICATIO~r FoR RFZOrrlrrc: 5. CHECK (paynblc to County' of Orange) to cover the filing fee foi iezaning. 1t~ (PLEASE TYPE OR PRINT -INK ONLY) APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE. COUNTY BOARD OF COMMISSIONERS DATE:/ 2d / ~g APPLICATION NUMBER: PD--~ I (We) request a Class A Special Use Permit as provided for inn Article Orange County Zoning Ordinance for ~t;,n~a QD ~ Iq „~,,, Yom. d~~ 8/88 of the The following information is provided is support of this request: A. PROPERTY INFORMATION: Street Address or Logg~~ation: 6~ rX S~Z ~ (~-I ~-~ o' ui S 3> Orange County Td~C7lvYap .t ~ `' Block_~,i Lot(s) 3 TownshipC~~ Q 4:~C ~a~,~2 ~ Zoning District(s):_ _ `.l_ ~ c Sb's Lot/Parcel Size: :.:,,,~: 'i 2, $ 8 acres or ~ square feet Number of Existing Buildings: D Gross Floor Area: square feet Number of Proposed.. Buildings: wi S Gross Floor Area: ~ ~(9U square feet Water Supply:d • Public (Specify) Community Individual Wastewater Disposal:c~~e~. Public (Specify) Community Individual School District: a Fire District: General Land Uses in Area: Critical Areas: S ~-P~et~a . Stream/Drainageway ;" • .;„~ 2- dS`~T err." Flood Prone Area N7-~ Watershed (Specify) ~ l~t,~ nT~Jr-Eirjra~~l-+_Historic Site Other (Explain) B. SITE PLAN INFORMATION: Twenty-six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: `~/, North point, scale, and date. Extent of area to.be developed. ~~ Locations and widths of all easements and rights-of-way within or adjacent to / the site. Location of all existing and proposed structures oa the site. ---~ Location of all areas on the site subject to flood hazard or inundation as shown / on flood maps or soils maps. ,/ Location of all water courses on the site, including direction of flow. ~- Existing topography at a contour interval of five (5) feet based on mean sea level datum. Existing and proposed fencing, screening, gates, parking, service, and storage areas. Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SIDE) C. OTHER SUBMITTAL INFORMATION: Elevations of all structures proposed to be used in the development. Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy with the property is question clearly marked. The names and addresses of the property owner(s) and/or applicant(s), and the names and addresses are all persons owning property within five hundred (500) feet of the property in question. t~ Application fee as set by the Orange County Board of Commissioners. Traffic impact study as required by Article 13 of the Zoning Ordinance. Additional information regarding the proposed Special Use as required by Article 8 of the Zoning Ordinance. Narrative (or letters from appropriate agencies) indicating: 1. Method and adequacy of provision of sewage disposal facilities, solid waste disposal, and water service. Where public sewer is not available, a letter from the Orange- County Health Department certifying the suitability of the existing and/or proposed wastewater treatment system for the property. 2. Method and adequacy of police, fire, and rescue squad protection. 3. Method and adequacy of vehicular access to the site and traffic conditions around the site. I (We), the applicant(s), hereby certify that the foregoing application and supporting documentation is complete and accurate. I understand that it shall be my (our) responsibility to present evidence to the Board of Commissioners the form of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A ~lecial 1;Jse Permit CA1'~T SIG1~tATURE(S) / 2~ /FJ~ DATE NOTE: If title to the above mentioned property is not in the name of the applicant(s), please include a letter from the owner(s) signifying approval of the request. ~ki~k+k~k##~k*#*i##~k*###*~R##*#**t#f+kitM~kR#+k#*F4*i##*~t*t#*t*##*+k*•*#i4~##*#*i#+k*i#*~kk FEES: Amount $ Date Paid: / / Receipt # May 07 08 08:47a ll~ ut~u-~n~u-tn.nx~ ~.~ APPLICAT1t~l~t FOR PRELIMINARY PLAN APP'RO~I'AL MAJOR SUBDiVES10N c~Aettc~ ctwl~Tir ~ PLEASE Z1fPE OR PRINT ~CONL1f~ ~~-, n n ~-. DA'~• ~^ Z/-~ SUI~NtSWN i~UWiE• ~-T l[7~ {VfX~~ . ..r,......~.- t.ocAnoM: S<~~l H~//~ /4 ~d ~~1is ~ rat ~~ ~~y~ l ,r~~,;~ ~d OTNNE~E1fEt.OPEIC 'l~licr~ j TIUy~G ~~ P~/~r~c.rs ~ LL G A~> `~~~ ~ 2c~sen~crr h ~NO.:~9-~) 2(~D - ~7?8 ~~-rir~,b~~, ~t`c 27s,~ ci~tr~cT: UD~ ~~.~r'~. -- ~~oaitESS: ~7f1? ~rxema~•~ TEt.~ttoaE na: fem., Iq~ ~G - ~rl `7 g Carr1~~©~ ~t/e 27~j t~ A sta~la~rt-Ttoil~s i ~; ~ . ~ ~-'~~~kS Coaaty Tax _~~-~ ~_ trvt~] ~_ asrrtstdp Ioeatng Dislc~sx Total t~bssf pE Ages: Taff Muan6er Of mots: NS' AvaraBe Lot ~ ~f~ 3 Mitts i,ot St>d:, rNwab~iTpps of Straoturs i (8eadstin$) ~ 1 ~ _ _ ~pr+opo~sMd! tlnea~ ~ ~ : k S~7 A~r+es in q~an tic ~.. ~~ ~ ~ ~~~y~ Mdirlduaii r Ito . e.Y6P Pubifee ¢pee~ty} +~~Ily individual tiehoot Fi" Oistiiet ~t tiaaaal laid tJaei iw Atr~ ttitttat) Ai+es~ hood plane arras N ~rai~slrld ha~ciFri a! silea is flea pnaps~(t10 ba iubdtvlded 1N1d0['Ia<na use value tracaifioa'? Yas NO ,~,,_. tf'yee," plsirse siontaet UtrOr~nps CourityTax OMoe. 8~ of tt~e paPM]/ nor ~ psym~ ~ da[~rnd tauaa unde< "farm teas value taxation." B ltd ptadt must tie aubnNbtsd an ataiet sao aasailsr than or+e iAds agep0s tr~adr+ae! lost ~l`~i3 srad rw ta~sr thin tech a braatp feoi (1'~'} max! oontatre tt~ fattfp i8lhter~~ onb / / ,~ subdivistoa fauns df lead an8 a~aoent ' _ - propar~a rsanrt ~ iddsess trf owner(s3 ~ buiidtn8 s~tbaCk firms by notation or IWne t. addissss 4f tt9r ~ typlad tot layout iOCiIUOA and 1tildlR Oaf i~tin0 and (8 oltrer 1Maa o+wnetj pt+aposad a (~na8*. ` / /~ eaters, readR aR~} . ° suanm a(survayr~r, anpkteer. Ianditcap! / t3clsii~, p~aoad asd a~~i! aaCtttrctat aad~itsd, address. rim-oW~raytud ~aa~io~ r+oglsdredon aK a soai and etr'est ~aaars std t tm~ p~e~ Paelininaryflari tnitMets. Uasar'faet of nmd seats, aorfit arx+ow eoeAarflnas and aipp~ndrrra~e at~sapv . ~ daN of p~ prapceattari and rat<tsiorss j~ of nsvv slnnt eiphb-of~waY ~~ tt~nshiy-. teat mep~o~t[-Io1 ~srs~ ~/ oac~tg and d diiieiea~, ,L_ Paront Post id~tl8oe8on i~ ~a~p sype~ des, tr~rante. . dad 6oak and paps 8 ~ prap~iyto ~ rdws. manitaNs ~ sttbd[trldsd ,,, daurlbed aitH std i11 ~s anti 9~~ __ J ~. +i ~l ~~ f1 .oeep7i8~~{ ~~ 1 ~ -e~pj` BR p~ eg ~~~~ 1' \ ~ 1 I ~~ ~~+1-~i ll' fa ~.jf'E ~ ~d;~l~! rl~~~%~(~~~~~~~~~ d a~~~~~; ~laa ~-..( ~ r t' $~ f ii~i~~ere p~~ flj j~~Ef(~e~i~ ~~j~~~ i ` ,.~I,~ E,f~l)Blt~~t t~l~~lf~~ a~a~ir1d_~!S~~tJ' 1(."11;~ ~ p `I ~hhhl ~M ~i II111 II ~ ,.aa a i±ata;ri:r4r==e ;~=taa~s~i ;; r y ~I I1 ~ ~.... ,~ ~ twS '~ rr~ ~d ~ h ,~Y t~ ~ ti. er f ~ ~ ~ ~ " ~-~ r• . 'fti ,j~• ~ . °F~~ .i' t; ;f .~ r, .r. tY, ~~' :.~,; ,, ar '. r ~_ a .~~ :i //~ ORANGE COUNTY BUILDING PERMIT ORANGE COUNTY BUILDING INSPECTIONS DIVISION (919) 245-2600 (919) 644-3347 FAX W W W.CO.ORANGE.NC.US/PLANNING/INDEX.HTM RECEIPT RECEIPT NUMBER: R08-001961 Applicant: BOB BARRETT, AGENT FOR SCHOOL HOUSE PARTNERS APD #: MI08-00083 TYPE: Miscellaneous Items SITE ADDRESS: PARCEL: TRANSACTION DATE: 06/06/2008 TOTAL PAYMENT: 2 , 4 4 2.0 0 TOTAL PAID FROM CURRENCY: 2, 442.00 TRANSACTION LIST: Type Method Description Amount ---------- -------- --------------------------- ------------ Payment Check 1005 2,442.00 TOTAL: 2,442.00 ACCOUNT ITEM LIST: Description Account Code Current Pmts ------------------------------ ---------------- ------------ ZONING ATLAS AMENDMENT 103410056-XPL6 2,442.00 TOTAL: 2.,442.00 RECEIPT ISSUED BY: RDAVIS INITIALS: RPD ENTERED DATE: 0 6/ 0 6/ 2 0 0 8 TIME: 10:3 8 AM l I ~S Exit Realty Southpoint 1415 Hwy. 54 West, Suite 104 Durham, NC 27707 919-493-3110 OFFER TO PURCHASE AND CONTRACT -VACANT LOT/LAND NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide. It should not be used to sell subdivided property that has not been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). Sob Bar=ett Stepney Edwards as Buyer, hereby offers to purchase and Ollie Mcdade Bonnie Mcdade Saadra Mcdade as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"),upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of E f 1 and Orange , State of North Cazolina, Street Address 1 school souse Ra C"rnmty of being known as and more particularly describedas: lip 27243 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Subdivision Name n/a Plat Reference: Lot n/a ,Block or Section a/a a5 shown on Plat Book or Slide n/a at Page(s) n/a (Property acquired by Seller in Deed Book n/a at Page n/a ) ® All A portion of the property in Deed Reference: Book n/a Page No. n/a ,Orange County NOTE: Prior to signing this Offer to Purchase and Contract -Vacant Lot/Land, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. If the Property is subject to regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Association Disclosure And Addendum (standard form 2A12-T) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto. 2. PURCHASE PRICE: The purchase price is $ s 1, 0 00 . and shall be paid in U.S. Dollars. Should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver good funds to the payee. In the event Buyer does not timely deliver good funds, the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price shall be paid as follows: ~) $ n/a , EARNESTMONEY DEPOSITwith this offer by ~ cash ~ personal check ~ bank check [] certified check other: option Money to be deposited and held in escrow by n/a ("Escrow Agent"); until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain said earnest money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS Inc. PREPARED BY: stepney edwards, broker aEALTOR"s STANDARD FORM 12-T Revised 1/2008 ©1/2008 suuaxasmc o,ro~.,• y1~ ,$T®S tware, Oc2008, Version 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint ,{ :• :uyer i tials =J ` 05/21/08 14:24:04 Seller initials iJ~~ (Y// / , ~ " " 1. //(~, Money, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. ~ (CHECK IF APPLICABLE) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROVVAGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW AGENT IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWTTH. (b) $ n/ a , (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than a/a , TI1t~BEING OF TSEESSENCE WITH REGARD TO SAID DATE. (c) $ n/ a ,OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date as set forth in paragraph 22. (NOTE: If Alternative 2 applies, then do not insert $0, N/A, or leave blank). (d) $ n/ a , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (e} $ n/a , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (~ $ s o , 5 0 0 . , BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan. Buyer must be able to obtain a ®Conventional ~ Other: n/ a loan at a ®Fixed Rate ~ Adjustable Rate in the principal amount of n/a for a term of points not to exceed _ year(s), at an initial interest rate not to exceed of the loan amount. ("Loan"). per annum, with mortgage loan discount (b) Loan Obligations: The Buyer agrees to: (i) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within days after the Effective Date; is (ii) Promptly furnish Seller written confirmation from the lender of having applied for the Loan. If Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. If Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under pazagraph 14 for damage to the Property. Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (c) Inability to Obtain Loan Approval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) above, then within s o days after the Effective Date (or any agreed-upon. written extension of this deadline) TI1I~BEING OF THEESSENCE, Buyer shall have the right to terminate this contract for inability to obtain Loan approval by delivering to Seller written notice of termination. If Buyer has timely delivered such notice, this contract shall be null and void and all Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fails to close based upon inability to obtain the Loan, then all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under pazagraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyer's lender to assure that the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4a. FLOOD HAZARD DISCLOSURE/CONDTTION (Choose ONE of the following alternatives): To the best of Seller's knowledge, the Property IS located partly or entirely within a designated Special Flood Hazazd Area. Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. ® To the best of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area. If, following the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan, then in either event Buyer shall have the right to terminate this contract upon written notice to Seller, and all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for Residential Real Estate Development (35 - 40 Lots) purposes("Intended Use"). (b) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract maybe This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS Inc. PREPARED BY: Stepney edwards, broker STANDARD FORM 12-T Revised 1/2008 ©1/2008 ReaIFA$T®Software, ©2008, Version 6.17 Beta. Software Registered to: Office Manager, Exit Realty SouthpoiM 05/21/08 14:24:04 ~/I! .~ il/I ~14F.~Ff 7 ~ u~ ~~~ terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been waived as provided in paragraph 3. If this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before n/a (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee side marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECL~I. ASSESSMENTS: NOTE: For purposes of this agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: (Insert "None" or the identification of such assessments, if any): None Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ n/a per n/a Unless otherwise agreed, Buyer shall pay any fees required for obtaining account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ n/a toward any of Buyer's expenses associated with the purchase of the Property, including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release-and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before o ~ / a o / o s (the "Closing Date").All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed is to be made to School House Rd, Partners Absent agreement to the contrary in this contract or any subsequent modification thereto, the following terms shall apply: If either party is unable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to proceed to closing, such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to the non-delaying party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a his form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS Inc. REPARED BY: Stepney edwards, broker TANDARD FORM 12-T Revised 112008 ©1/2008 eaIFA$T®Software, C~7L008, Version 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint / A var initia~c ~4. i~~~ 05/21/08 14:24:04 _ ~C ~'/ ~ .7/1 ,FPa94r~3.fif T //~ maximum of ten (10) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to close without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible for paying to the other party (if ready, willing and able to close) interest on the purchase price at the rate of eight percent (8%) per annum accruing from the end of the ten-day period until closing occurs or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the last agreed upon extension of the Closing Date, however, then the non-delaying party shall have the unilateral right to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non-delaying party for such breach. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN TTS THEN EXISTING CONDITION UNLESS PROVISION LS OTHERWISE MADE IN WRITING. 12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities maybe done before possession is delivered. S eller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. 13. PROPERTY INSPECTION/INVF.STIGATION (Choose ONLY ONE of the following Alternatives): ^ ALTERNATIVE L• (a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water aze available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied, TI1I~BEINGOF THEESSENCE fib) Sewer System (check only ONE ): ^^ Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement P ermit. ^ Seller represents that the systemhas been installed, which representation survives Closing, but makes no further representations as to the system Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied, TI1I~BEINGOFTHEESSENCE ^ This contract is contingent upon ^ Buyer ^ Seller ("Responsible Party") obtaining an Improvement Permit or written evaluation from the County Health Department ("County") fora (check only ONE) ^ conventional or ^ other n/a ground absorption sewage system fora n/a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than n/ a ,shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Responsible Party shall use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by n/a (date), either party may terminate this Contract and the Eanest Money Deposit shall be refunded to Buyer. ^ Buyer has investigated and approved the availability, costs and expenses to connect to a ^ public or ^ community sewer system (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. ® ALTERNATIVE 2: This Alternative applies ONLY ifAlternative 2 is checked AND Buyer has paid the Option Fee.) (a) Property Investigation with Option to Terminate: In consideration of the sum set forth in pazagraph 2(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m on scaly 10 , 2 0 0 ~ 7~1E BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those matters set forth in Alternative 1, performed prior to the Option Termination Date). (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, 7TMEBEING OF THE ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, 4 or 5 above. The Option Fee is not refundable, is not part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY: Stepney edwards, broker STANDARD FORM 12-T Revised 1/2008 ©1/2008 ~eaIFA$T®Software, ©n2008+,ppVersion 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint ~JJ / [~ e4~f 3inrar initials ~~ RJI, fX 05/21/08 14:24:04 ceue.:.,;+:.,i~ , ~:9// r f ~l ~ ~(/ ag 7//l7 l~~ 14. RIGHT OF ENTRY, RESTORATION AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections pernutted in this contract. Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out ofpre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO-THIS CONTRACT, IF ANY, AND ATTACH IHIRETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRRACT.) O Additional Provisions Addendum (Form 2A11-T) ~ Loan Assumption Addendum (Form 2A6-T) Back-Up Contract Addendum (Form 2Al-T) ~ Owners' Association Disclosure And Addendum (Form 2A12-T) ~ Contingent Sale Addendum (Form 2A2-T) ~ Seller Financing Addendum (Form 2A5-T) ~ FHA/VA Financing Addendum (Form 2A4-T) ~ OTHER: 1)See Exhibit 1 & 2 2)Suyer's are both licensed Real Estate Brokers 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 17. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 18. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect atax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that anon- exchangingparty shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging parry, as shall be required to give effect to this provision. (NOTE: If Alternative 2 under paragraph 13 of this contract will apply, Seller should seek advice concerning the taxation of the Option Fee.) 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein maybe given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this contract maybe given to a party or a party's agent by sending or transmitting it to any mailing address, a-mail address or fax number set forth in the "Notice Address" section below. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract may be signed in multiple originals, all of which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below. 23. COMPUTATION OF DAYS: Unless otherwise provided, for purposes of this contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purposes of calculating days, the count of "days" shall begin on the day following the day upon which any act or notice as provided in this contract was required to be performed or made. his form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS Inc. REPARED BY: stepney edwards, broker TANDARD FORM 12-T Revised 1/2008 ©1/2008 eaIFA$T®Softw e, ©2008, Version 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint ~~// ~ 1~ ~~ ~~~ 05/21/08 14:24:04 a age 5 of 7 uver initials ceue, o..~r;.,~,. / 'yfA -ao Buyer ~ has ®has not made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THENORTH CAROLINA BARASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. SIIY 8 :_, ER DATE ~!~¢ ~~ (SEAL) o Barrett _ _ BIIYER _ Stepney DATE ~~~~ (SEAL) BIIYER DATE (SEAL) SELLER DATB (SEAL) Ollfe Mcda .. ,/ SELLER ~ _ DATE (SEAL) Bonnie M ade Q~ 1 SELLER [" ~ ~~~' ~/f ,~ ~ ~~ - SATE D (SEAL) Sandra M ade // SELLER + -// +// ~LiZGri[i DATE `~ D (SEAL) NOTE: INSERT THE ADDRESSAND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECIIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY VVI~IICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: n/a n/a Buyer Fax#: n/a Buyer E-Mail Address: n/a SELLING AGENT NOTICE ADDRESS: Mailing Address: 141s NC Hwy 54 Ste 104 Durham NC, 27707 S ellmg Agent Fax#: 919 - 4 9 3 - 3110 Selling Agent E-mail Address: n/a Selling Agent Phone#: 919-493-3100 ext. 109 SELLER NOTICE ADDRESS: Mailing Address: n/a n/a Seller Fax#: n/a Seller E-Mail Address: n / a LISTING AGENT NOTICE ADDRESS: Mailing Address: 141 s Nc Hwy s 4 s t e 104 Durham NC, 27707 Listing Agent Fax#: 919 - 4 9 3 - 3110 Listing Agent E-mail Address: n/a Listing Agent Phone#: 919-493-3100 ext. 105 Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. Date Firm; Exit Realty Southpoint "his form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS Inc. 'REPARED BY: stepney edwards, broker STANDARD FORM 12-T Revised 1/2008 ©1/2008 tealFA$T®Software, m2008, Version 6.17 Beta. Software Registered to: Office Manager, Exit Realty Southpoint 05/21/08 14:24:04 Page6of7 -a,i By: (Signature) Individual Selling Agent/license #: n/a Firm Name: Exit Realty Southpoint Acting as Buyer's Agent Seller's (sub)Agent Dual Agent Individual Listing Agent/license #: 214 s s s Firm Name: Exit Realty Southpoint Acting as Seller's (sub)Agent Dual Agent This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY: stepney edwards, broker 3TANOARD FORM 12-T Revised 1/2008 ©1/2008 ~eaIFA$T®Software, ©20e~08/,Version 6.17 Beia. Software Registered to: Office Manager, Exit Realty Southpoint iuyer' initials !!rL~ _ 05/21/08 14:24:04 Seller initials~~~ ~ age 7~f~7 l~ ~Ct~,T ~- f ADDENDUM TO CONTRACT Exhibit A The offer to purchase and contract between School House Rd. LLC. Including, Stepny Edwards, Anthony Hughes and Robert Barrett licensed Real Estate Broker's in the state of North Carolina and/or Assigns (Buyer) and Bonnie, Sandra, and Ollie McDade(Seller), offered is further subject to the following terms and conditions: 1. Purchase price offered reflects the calculation of 3.04 acres located at School House Rd. multiplied by $15,000.00 per gross surveyed acre. Seller agrees that Section 1 (g) "Purchase Price" is subject to preparation of an accurate survey, at the buyer's expense, conducted by a North Carolina licensed surveyor, and completed not later than the end of the "examination period" prior to closing. Seller further agrees to modify the "Purchase Price" to reflect not more than $15,000.00 per "gross" surveyed acre. 2. During the "examination/due diligence period", the Buyer may terminate this contract for any reason; including but not limited to, federal, state, or municipal decisions involving preliminary subdivision, transportation, and utility approvals have not met his development goals and overall intent 3. During the contract period, Seller agrees to diligently execute all applicable signatory requirements regarding the Buyer's application for preliminary subdivision approval. Seller also agrees to allow Buyer or buyer's agent(s) access to the property during the contract period for the expressive purpose of conducting all surveys and studies. 4. Cemeteries. Etc. To the best knowledge of Seller, the Property has not been used at any time as a sanitary landfill and there are no cemeteries, burial ground of historical site on the Property. 5. Seller warrants that of the date of contract acceptance, there are no current leases or any agreements, recorded or non-recorded, that are still valid and enforceable regarding the property; said warrant inclu ' bu of d to h esting. (Buyer (Date) Robert Barrett (Buyer) ., Ste y Edwards (Seller nnie McDade (Seller) ~`~r~~ Sa dra McDade h (Seller) uL~~ ~~`~ Ollie McDade (Date) ~ /'~~ (Date) ~ ~ Q (Date) J a~! (Date) *5 ~ !~ You count In Orange County t 1 Page ~ 0~3 - ~x~1Dr~l Oran a Count N.C. GIS Ma 84 5-41-1644'3.31 t3..4 9 - 1- 44 s.3 x..59 98 - '1- 35 L3.' 9643-31- 278'. 9845-d1-9206'w3.13..16A .3 8.. '8 9843- ~ 152 ..55 -` ~ .084 .315..54 9 .,- ~ 954 .3;1$..53 9 .,- ~ 854 .31$..52 9845-50-268613.31 A.36 C _, 5~. ~ ; -~ -9228 .32.A.$ 9845-5 -528813 2.A.6C 't 9 45- D- A :3.31 ,,, - 45 4- 14 13. 95.9 ~t t 9FSA5-4 4-5 42213.32.A.3 9845- 4-A03(3'<3. 2. .7 G8 - - 4A `. y. 9 4A-69- 33 U ~~ 98 +~ s373E5,3. 1.fa.37 984A 9-374613.3 .Ar~A 98. 59-273713.3 .A.18 - - r 844' .~ .. j 1 98+&A-5 57"!3` 9 44- 705' .31 1 '4 9 44- 9- 636 1L.. . 1 1 84 -69 1556 1C.. ~) 98 4-39-93725.3.3. .A.1 s 8 9-., 9 a.32 A.13 9844- ~ 95 13.3 984A-. 601 13.3 S.1 ~ - 9 89 ,.6 9844-58- 984 5~ , 984 -6 44 .. f" ~--~~- .~~ . 9$44- ~$ 90'1 . 5 r ~ i ~ 844-38 77 ,1 ~ 4-A -57A•Sk3 33.' .3 ~~ A4- 8- 80 ---~~ A- 65 L3. 3.t3. 984+1-A 6 13.33.!..4 x$44-5~- $$ .k.4 ~ 84 -38 46fiti .31 .16 ~- - This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The county and its mapping companies assume no legal responsibility for the information contained on this ma . This Pa e Printed Wednesda , Ma 21, 2008 1:54 pm Parcels Current Thru 316/2008. Owner Information Current Thru 2/4/2008 Parcel Identification Number: 9845405243 Summary L~ Building C~;~ Land C1 Documents L7 Prior Owners C] Addresses ~eate ,Print Data.Page t~~„d ({ r,;,. ~ ~ s / ~ C . t.~". ~ J U ~( f..(~ .1-r.! r ~f` r r.. (.S ~ ~/~~ ~''C, http:/lgis.co.orange.nc.uslservletlcom.esri.esrimap.Esriman?Servi~PNar,A--v^„r~---i~'Tr' ~ "' - "- - ~ ~'~ )8 06:35a 000-000-0000 p,4 Exit Realty Southpoint 1415 NC Hwy 54 West Suite 104 Durham, WC 27707 Phone:919-493-3100, Fax:919~493-3110 AGREEMENT TO AIYIIIYD CONTRACT Ollie Kcoade ''~~~ Sandra McDade r•'~''!~ ~~ ///~ Bonnie McDade Vic: rN~~` a5,and WARNING: ALL PARTIES, INCLUDING ANY LENDER, MUST BEPROVIDED A COPY OF THIS AGREIIVIENT Step Edwards 5~~, BOb Barrett eller, have entered into a contract on the Offer to Purchase and Contract (form 2 T) or the offer to Purchase and Contract -Vacant LotlLand (form 12 T) ("Contract") regarding the purchase and sale of the following property (insert property address): 1 School xouae Rd. SElaad, NC Euyer and Seller hereby agree to amend the Contact as set forth below [check applicable box(es)]: ^ Purchase Price. The purchase price is hereby changed to: $ n/a ^ Additional Earnest 1'Ioney. $ aka additional earnest money deposit shall be paid to Escrow Agent no later than n/a ,TIME BEING OF T7=IEESSENCE WITH REGARD TO SAID DATE ^ Loan Condition. The loan condition is hereby amended as follows [checkall applicable baz(es)J: ^ Type: The type of loan Buyer mrust be able to obtain is hereby changed to: n/a ^ FxedlAdjastable Rate: the type of loan rate is hereby changed to: n/a ^ Principal Amount: The principal amount of the loan is hereby changed to: ~/a ^ Term: The term of the Loan is hereby changed to: a/a year(s) ^ Interest Rate: The interest rate for the loan is hereby changed to: an initial rate not to exceed a/a ^ Mortgage Loan Discount Points: The mortgage loan discount points aze hereby changed to: not to exceed n/a % of the loan amount ^ Loan Origination Fee: The loan origination fee is hereby changed to: not to exceed n/a % ofthe loan amount ^ Loan Applicatieta: The number of days following the Effective Date within which Buyer shall make written application for the Loan, authorize any required appraisal and pay any necessary fecs is hereby changed to: ~+/ a days ^ Buyer's Right to Terminate: The number of days following the Effective Date within which Buyer shall have the right to terminate this contract because Buyer is not satisfied that the Loan will be approved and funded is hereby changed to a/a days. ^ Expenses. The amount Seller shall pay at Closing toward Buyer's expenses associated with the purchase of the Property is hereby changed to: $ a/a ^ InspecdonslRegairNcgotiations. The timeframe(s) for InspectionslRepair Negotiations set forth in Alternative 1, subsection (b) of p aph 16 of the Contrast islare hereby amended as follows jc3reck all applicable boz(es)J: LJ Repair Notice Date: The Repair Notice Date set forth in Alternative 1, subsection (b) of paragraph 1G of the Contract is hereby changed to: n/a ^ Seller's Response Time: The nutnber of days within which Seller shall provide written notice to Buyer of Seller's response to Buyer's «rcitten notice of Necessary Repairs is hereby changed to n/a days. ^ Buyer's Response Time: The number of days within which Buyer shall deliver Buyer's written decision after receiving Sellers writtect response to Buyer's written notice of Necessary Repairs is hereby changed a / a days. ^ Soil, Utilities and Environmental Contingency Date {form 12-T only). The date by which Buyer must notify Seller that the ® PREPARED BY. Bob Barrett, Broker STANDARD FORM 33U-T Revised 712058 ®7iZD06. North Carolha Assoclalion of RF.ALTORS®.'Irrc. [OJ~.IWR p~TO^" (~aelFl~ST®St~ ®POOiB~ Version 6.~7 8eta Software Regislerad lo: Ofi~ Marmger. Eat Realty Southpoirt p~ 1~ °"°-'""' Buyer irriUals ~~ ~I 071291oB 14.3x:27 Se!ter iritfats Jul 30 08 06,36a ooo-ooo-oooo / ~~' condition set forth in Alternative 1, subsection (a) ofparagraph l3 of the Contract cannot be satisfied is hereby changed to: a/a ^ Serer System Date (form 12-T only). The date by which Buyer must notify Sellea that the condition set forth in Alternative 1, subsection (b) of paragraph 13 of the Contract cannot be satisfied is hereby changed to: n/ a ^ R'ater WeU Date {fornc 12-T vntv). 'ihe date by which Buyer muust notify Seller that the condition set forth in Alternative 1, subsection (c) of paragraph 13 of the Contract cannot be satisfied is hereby changed to: n/ a ^ Option Termination Date. The Option Termination Date set forth in Alternative 2 of the Contract is hereby changed to: n/a ^ Uption Fee. $ a/a additional Option Fee shall be paid to Seller on a/a , TIMEBEING OF THE ESSENCB WITH REGARD TO SAID DATE. ® Clotting Date. The Closing Date is hereby changed to: on or before august 31. 2 a ea ^ Sales Agreement Date (form 2A2-T onlyj. The date by which Buyer shall cater into a Sales Agreement for the sale of Buyer's Property is hereby changed to: n/8 All terms and conditions of the Contract not specifically amended herein shall remain in full force ~d effect. 'THE NORTH CAROLINA AS SOCIATION OF REALTORS!9, INC. MAKES NO REPRES1iVTATION AS 'Ib THE LEGAL VALIDITY ORADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. ~sal1~ ~ HfflF$ib 0113 e 5~I ~~ ;p8*l~EA• ~~~ `3r aa~dra B r Bonnie NeDade ,~,~e 1 ~~~p 1 ~ Bob aa~aa~v PREPARED 8Y: Bob Barrett, Broker STAWDARD FORM 330-T Revised 712008 ~ 712008. NoAh CzrObna Association of REALTORS, Inc. ReaiFA$T~ SoFtvrare. ®0008, Version 6.'17 Bea SoNwars Registered to: Office (.Manager Exit Realty Sorrthpoint 0712910814:30:27 DATE ~ ~~`~ DATE ( t1 DATE HATS IG~TSHS RATS TIXg Page 2 of i /~~ Exit Realty Southpoint 1415 NC 54 West, Suite 104 Durham, NC 27707 Phone:919-493-3100, Fax:919-493-3110 OFFER TO PURCHASE AND CONTRACT -VACANT LOT/LAND NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and will not subdivide. It should not be used to sell subdivided property that has not been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3-T). School Houae Road, Partaera LLC as Buyer, hereby offers to purchase and Ester W Tate Chirstopher A Tate Eric T Tate Jeffery D Tate Ann Schawb as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below (hereafter referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of Efland County of orange ,State of North Carolina, being known as and more particularly described as: Street Address #1 Schoolhouse Rd. Eflaad NC/#1 Walter Mcdade Sr 1314 Zip 27243 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Subdivision Name a/a Plat Reference: Lot a/a ,Block or Section aJa as shown on Plat Book or Slide n/a at Page(s) n/a (Property acquired by Seller in Deed Book nla at Page a/a ). ®All ^ A portion of the property in Deed Reference: Book a/a Page No. n/a orance County NOTE: Prior to signing this Offer to Purchase and Contract -Vacant Lot/Land, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. If the Property is subject to regulation by an owners' association, it is recommended that Buyer obtain a copy of a completed Owners' Association Disclosure And Addendum (standard form 2A12-T) prior to signing this Offer to Purchase and Contract, and include it as an addendum hereto, 2. PURCHASE PRICE: The purchase price is $ e o , 0 0 o and shall be paid in U. S. Dollars. Should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notide to deliver good funds to the payee. In the event Buyer does not timely deliver good funds,: the Seller shall have the right to terminate this contract upon written notice to the Buyer. The purchase price shall be paid as follows: ~) $ s o o . o o ,EARNEST MONEY DEPOSIT with this offer by ^ cash ^ personal check ®bank check a certified check ^ other: n/a to be deposited and held in escrow by Exit Real southooiat ("Escrow Agent"); until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be refunded to Buyer. In the event of breach of this contract by Seller, all earnest monies shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this contract by Buyer, then all earnest monies shall be forfeited to Seller upon Seller's request, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow, a licensed This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY: Stepney Edwards, Broker 9e.~TOw'~ STANDARD FORM 12-T Revised 7/2007 ®712007 ~ muk~i~ aronuxix ReaIF T®/gj~(/}/~j~,~q 02008, Version 6.16. Software Registered to: Office Manager, Exit Realty Southpoint /1 . .-- IYf/JL~ n~i~nmQ ~:7.7A.•17 'Z-''_..:-! .--~ .iC'~''~ Aka~~fi~r~"~/I1~1~ ~a~ real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain said earnest money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. ^ (CHECK IF APPLICABLE) THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE ANY EARNEST MONIES DEPOSITED BY BUYER IN AN INTEREST BEARING TRUST ACCOUNT, AND THAT ANY INTEREST EARNED THEREON SHALL BELONG TO THE ESCROW. AGENT IN CONSIDERATION OF THE EXPENSES INCURRED BY • MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (b) $ n/a (ADDITIONAL) EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than n/a ,TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ n/a ,OPTION FEE in accordance with paragraph 13, Alternative 2, to be paid to Seller on the Effective Date as set forth in paragraph 22. (NOTE: If Alternative 2 applies, then do not insert $0, N/A, or leave blank). (d) $ a/a , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum. (e) $ a/a , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (~ $ 79, 500. ,BALANCE of the purchase price in cash at Closing. 3. LOAN CONDITION: (a) Loan. Buyer must be able to obtain a ®Conventional ^ Other: ala loan at a ®Fixed Rate ^ Adjustable Rate in the principal amount of n/a for a term of 3o year(s), at an initial interest rate not to exceed 7 % -per annum, with mortgage loan discount points not to exceed o % of the loan amount. ("Loan"). (b) Loan Obligations: The Buyer agrees to: (i) Make written application for the Loan, authorize any required appraisal and pay any necessary fees within 45 days after the Effective Date; (ii) Promptly furnish Seller written confirmation from the lender of having applied for the Loan. If Buyer fails to furnish Seller written confirmation from the lender of having applied for the Loan, Seller may make written demand for compliance. If Buyer does not furnish Seller written confirmation from the lender of application within five (5) days after such demand, then Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not received either written evidence of the application or a waiver of the Loan Condition, and all Eamest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. Buyer further agrees to: (iii) Pursue qualification for and approval of the Loan diligently and in good faith; (iv) Continually and promptly provide requested documentation to lender. (c) Inability to Obtain Loan Approval: If Buyer has complied with Buyer's Loan Obligations (iii) and (iv) above, then within 60 .days after the Effective Date (or any agreed-upon written extension of this deadline) TIMEBEINGOFTHEESSENCE, Buyer shall have the right to terminate this contract for inability to obtain Loan approval by delivering to Seller written notice of termination. If Buyer has timely delivered such notice, this contract shall be null and void and all Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived this condition. Thereafter, if Buyer fails to close based upon inability to obtain the Loan, then all Earnest Money shall be forfeited to Seller as liquidated damages and as Seller's sole and exclusive remedy for Buyer's failure to close, but without limiting Seller's rights under paragraph 14 for damage to the Property. (WARNING: Buyer is advised to consult with Buyer's lender to assure that the number of days allowed for Buyer to obtain the Loan is sufficient to allow Buyer's lender time to take all reasonable steps necessary to provide reliable loan approval.) 4. FLOOD HA7.ARn DISCLOSURE/CONDITION (Choose ONE of the following alternatives): ^ To the best of Seller's knowledge, the Property IS located partly or entirely within a designated Special Flood Hazard Area. Buyer understands that it may be necessary to purchase flood insurance in order to obtain any loan secured by the Property from any federally regulated institution or a loan insured or guaranteed by an agency of the U.S. Government. ® To the best of Seller's knowledge, the Property IS NOT located partly or entirely within a designated Special Flood Hazard Area. If, following the Effective Date of this contract, it is determined that the Property is located partly or entirely within a designated Special Flood Hazard Area according to the current FEMA flood map, or if this contract is subject to a Loan Condition and Buyer's lender requires Buyer to obtain flood insurance as a condition of making the Loan, then in either event Buyer shall have the right to terminate this contract upon written notice to Seller, and all earnest monies shall be refunded to Buyer. 5. OTHER CONDITIONS: (a) There must be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Properly for aee exhibit A & s purposes ("Intended Use"). This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY: Stepney Edwards, Broker STANDARD FORM 12-T Revised 7/2007 ©7/2007 _. _ ~a~ (b) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (c) The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer, this contract may be terminated and all earnest monies shall be refunded to Buyer, even if the Loan Condition has been waived as provided in paragraph 3. If this contract is NOT subject to a financing contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before n1a (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECLAI. ASSESSMENTS: NOTE: For purposes of this agreement, a "confumed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: (Insert "None" or the identification of such assessments, if any): ^/a - Unless otherwise agreed, Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. 7. PROBATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) All late listing penalties, if any, shall be paid by Seller; (c) Rents, if any, for the Property shall be prorated through the date of Closing; (d) Owners' association dues and other like charges shall be prorated through the date of Closing. Seller represents that the regular owners' association dues, if any, are $ n/a per n/a Unless otherwise agreed, Buyer shall pay any fees required for obtaining account payment information on owners' association dues or assessments for payment or proration and any charge made by the owners' association in connection with the disposition of the Property to Buyer, including any transfer and/or document fee imposed by the owners' association. 8. EXPENSES: Unless otherwise agreed, Buyer shall be responsible for all costs with respect to any loan obtained by Buyer, appraisal, title search, title insurance, recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. Seller shall pay at Closing $ n/a toward any of Buyer's expenses associated with the purchase of the Property, including any FHAlVA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or. previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2} the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. ~ , 10. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 120 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. CLOSING: Closing shall be defined as the date and time of recording of the deed and shall be on or before o~ / 3 0 / o s (the "Closing Date"). All parties agree to execute any and all documents and papers necessary in connection with Closing and transfer of title on or before the Closing Date at a place and time designated by Buyer. The deed is to be made to School House Road Partners LLC Absent agreement to the contrary in this contract or any subsequent modification thereto, the following terms shall apply: If either party is unable to close by the Closing Date, then provided that the party is acting in good faith and with reasonable diligence to proceed to closing, such party shall be entitled to reasonable delay of the Closing Date and shall give as much notice as possible to This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®,'Inc. PREPARED BY: Stepney Edwards, Broker STANDARD FORM 12-T Revised 7/2007 ©7/2007 /! y i~ the non-delaying party and closing agent. In such event, however, either party for whom the Closing Date is delayed shall have a maximum of ten (10) days from the Closing Date, or any extension of the Closing Date agreed-upon in writing, in which to close without payment of interest. Following expiration of the ten-day period, the party not ready to close shall be responsible for paying to the other party (if ready, willing and able to close) interest on the purchase price at the rate of eight percent (8%) per annum accruing from the end of the ten-day period until closing occurs, or the contract is terminated. Should the delay in closing continue for more than thirty (30) days from the last agreed-upon extension of the Closing Date, however, then the non-delaying party shall have the unilateral. right to terminate the contract and receive the earnest money, but the right to such receipt shall not affect any other remedies available to the non-delaying party for such breach. CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 12. POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. No alterations, excavations, tree removal or other such activities may be done before possession is delivered. Seller shall remove, by the date possession is made available to the Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. 13. PROPERTY INSPECTION/INVESTIGATION (Choose ONLY ONE of the following Alternatives): ^ ALTERNATIVE 1: (a) Soil, Water, Utilities And Environmental Contingency: This contract is contingent upon Buyer obtaining report(s) that (i) the soil is suitable for Buyer's Intended Use, (ii) utilities and water aze available to the Property, (iii) there is no environmental contamination, law, rule or regulation that prohibits, restricts or limits Buyer's Intended Use, and (iv) there is no flood hazard that prohibits, restricts or limits Buyer's Intended Use (collectively the "Reports"). All costs and expenses of obtaining the Reports shall be borne by Buyer. Buyer shall use Buyer's best efforts to obtain such Reports. If the Reports cannot be obtained, Buyer may terminate this contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by s / s o / 2 0 0 8 that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. ~) Sewer System (check only ONE ): Buyer has investigated the costs and expenses to install the sewer system approved by the Improvement Permit attached hereto as Exhibit A and hereby approves and accepts said Improvement Permit. ^ Seller represents that the system has been installed, which representation survives Closing, but makes no further representations as to the system. Buyer acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is not performing the function for which intended and is in need of immediate repair, Buyer may terminate this Contract and the Earnest Money Deposit shall be refunded to Buyer. Buyer waives this condition unless Buyer provides written notice to Seller by n/a that this condition cannot be satisfied, TIME BEING OF THE ESSENCE. ^ This contract is contingent upon ® Buyer ^ Seller ("Responsible Party") obtaining an Improvement Permit or written evaluation from the County Health Department ("County") fora (check only ONE) ^ conventional or ^ other connection to public system ground absorption sewage system for a n/a bedroom home. All costs and expenses of obtaining such Permit or written evaluation shall be borne by Responsible Party unless otherwise agreed. In any event Seller, by no later than n/a ,shall be responsible for clearing that portion of the Property required by the County to perform its tests and/or inspections. Responsible Party shall use best efforts to obtain such Permit or written evaluation. If the Improvement Permit or written evaluation from the County cannot be obtained by May 3 0 , 2 0 o s (date), either party may terminate this Contract and the Eanest Money Deposit shall be refunded to Buyer. ^ Buyer has investigated and approved the availability, costs and expenses to connect to a ^ public or ^ community sewer system. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. ® ALTERNATIVE 2: This Alternative applies ONLYifAlternative 2 is checked AND Buyer has paid the Option Fee.) (a) Property Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the sufficiency of which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the "Termination Notice") by 5:00 p.m. on n/a ,TIME BEING OF THE ESSENCE (the "Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense (Buyer is advised to have all inspections of the Property, including but not limited to those m;itters set forth in Alternative 1, performed prior to the Option Termination Date). (b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, TIME BEING OF THE ESSENCE, this contract shall become null and void and all earnest monies received in connection herewith shall be refunded to Buyer; however, the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraphs 3, 4 or 5 above. The Option Fee is not refundable, is not part of any earnest monies, and will be credited to the purchase price at Closing. (c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION This form Jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS®, Inc. PREPARED BY: Stepney Edwards, Broker STANDARD FORM 12-T Revised 7/2007 ©7/2007 A 1~ UNLESS PROVISION IS OTHERWISE MADE IN WRITING. 14. RIGHT OF ENTRY, RESTORATION .AND INDEMNITY: Buyer and Buyer's agents and contractors shall have the right to enter upon the Property for the purpose of appraising and evaluating the Property, and performing the tests and inspections permitted in this contract. Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors. Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property. This indemnity shall survive this contract and any termination hereof. Notwithstanding the foregoing, Seller shall be responsible for any loss, damage, claim, suit or cost arising out ofpre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. 15. OTHER PROVISIONS AND CONDITIONS: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE AGENTS ARE NOT PERMITTED TO DRAFT CONDITIONS OR CONTINGENCIES TO THIS CONTRACT.) ^ Additional Provisions Addendum (Form ZAl 1-T) ^ ^ Back-Up Contract Addendum (Form 2A1-T) ^ ^ Contingent Sale Addendum (Form 2A2-T) ^ ^ FHA/VA Financing Addendum (Form 2A4-T) ® OTHER: See Exhibit A & B Loan Assumption. Addendum (Form 2A6-T) Owners' Association Disclosure And Addendum (Form 2A12-T) Seller Financing Addendum (Form 2A5-T) 16. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. 17. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement, then this contract shall be binding on the assignee and his heirs and successors. 18. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect atax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that anon- exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision. (NOTE: If Alternative 2 under paragraph 13 of this contract will apply, Seller should seek advice concerning the taxation of the Option Fee.) 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 20. SURVIVAL: If any. provision herein contained which by its nature and effect is. required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 21. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. Any written notice or communication in connection with the transaction contemplated by this contract may be given to a party or a party's agent by sending or transmitting it to any mailing address, a-mail address or fax number set forth in the "Notice Address" section below. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract may be signed in multiple originals, all of which together constitute one and the same instrument, and the parties adopt the word "SEAL" beside their signatures below. Buyer ^ has ®has not made an on-site personal examination of the Property prior to the making of this offer. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE This form jointly approved by: North Carolina Bar Association, North Carolina Association of REALTORS, Inc. PREPARED BY: Stepney Edwards, Broker STANDARD FORM 12-T Revised 712007 ©7/2007 n t 3~ FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT, BIIYER Sch BIIYER BIIYER BIIYER SELLER Ester W Tate DATE ~ tO< ~~ (SEAL) DATE /J/ c%/~ (SEAL) DATE (SEAL) DATE (SEAL) DATE (SEAT, ) SELLER ~'t"'; ~.C~ DATE (SEAL) Chiratopher A Tate SELLER hrs.. C~ ~' ' DATE (SEAL) 4r, r T Tq f o / SELLER DATE y"- ~ L~ - ~ ~ (SEAL) DATE ~ r (SEAL) DATE (SEAL) NOTE: INSERT THE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: SELLER NOTICE ADDRESS: Mailing Address: nLa Mailing Address: n!a n/a n/a Buyer Fax#: n/a Seller Fax#: n/a Buyer E-Mail Address: n/a Seller E-Mail Address: n/a SELLING AGENT NOTICE ADDRESS: Mailing Address: 1415 Nc Iiwy 54, ste 104 Durham NC, 27707 Selling Agent Fax#: 919 - 2 87 - 27 3 5 Selling Agent E-mail Address: bobbarrettCexitrealtyaoutho Selling Agent Phone#: 919 - 4 9 3 - 310 o ext 10 9 LISTING AGENT NOTICE ADDRESS: Mailing Address: 1915 NC Hwy 54 . Ste 104 Durham NC, 27707 Listing Agent Fax#: 919-2a7-2237 Listing Agent E-mail Address: stenaevedwardsC~exitrealtyao Listing Agent Phone#: 919 - 4 9 3 - 310 0 ext 10 5 Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the terms hereof. .•~~v_` :- ~ ~ .~--- C-~--' Jam- i s form jointly approved'by: Korth Carolina Bar Association. Nnrfh farnlina Accnrio+c,,.. ,.+ oc e~ moon ~__ ~ 3~ Date Flrm: Exit Realtv Southnoint By: (Signature) Individual Selling Agent/license #: n/a Firm Name: Exit Realtv southnoint Acting as ~ Buyer's Agent ~ Seller's (sub)Agent ®Dual Agent Individual Listing Agentllicense #: 214 9 s 9 Firm Name: Exit Realtv Southnoint Acting as ~ Seller's (sub)Agent ®Dual Agent ~C, ~(LlI G `~ his form jointly approve North Carolina Bar Association. North Carolina Association of REALTORS®. Inc. x13/18/2008 14:34 FA% ADDENDUivI TO CONTRACT Exhibit A `fhe offer to purchase and contract between Stepny Edwards and Robert Barrett licensed Real Estate Broker's in the state of North Carolina and/or Assigns {Btryerj and Ester Tate (Seller), ot~'ered is further subject to the follow-ing terms and conditions: I . Purchase price offered reflects the calculation of 6.05 acres located at School House Rd. multiplied by $13,223.00 per gross surveyed acre. Seller agrees that Section 1 (g} "Purchase Price" is subject to preparation of an accurate survey, at the buyer's expense, conducted by a North Carolina licensed surveyor, and completed not later than the end of the "examination period'' prior to closing. Seller further agrees to modify the "Purchase Price" to reflect not more than $ I3,223.OD per "gross" surveyed acre. 2. During the "examination/due diligence period", the Buyer may terminate this contract for any reason; including but not limited to, federal, state, or municipal decisions involving preliminary subdivision, transportation, and utility approvals have not met his development goats and overall intent 3. During the contract period, Seller agrees to diligently execute all applicable signatory requirements regarding the Buyer's application for preliminary subdivision approval. Seller also agrees to allow Buyer or buyer's agent(s) access to the property during the contract period for the expressive purpose of conducting alt surveys and swdies. 4. Cemeteries. Etc. Ta tI-~e best knowledge of Seller, the Property has not been used at any time as a sanitary landfill and there are no cemeteries, burial ground of historical site on the Property. 3. Seller warrants that of the date of contract acceptance, there are no current leases or any agreements, recorded ornon-recorded, that are still valid and enforceable regarding the property; said warrant including, ut not limit~d to harvesting. (Buyer) ~ ' r4~ , ~"~ "~~ r :rl {Date} jzj :- ~ f F- ,. Robert Barrett.-k ~ ~ . ,r i /~, ~ fr ~~ G: {Buyer) ~~ `"~-~- - (Date) 1 ~.;: Stepny Edwa`r{ds~ 1 /~ (Seller) , ~ "" ~y~l..•t/ (Date)-. ~ ~~- `~ C~ ---. Ester W. Tate {Seller} `.~r~+-tzy-Z~ /?~ ~` (Date) ~ 9 M y Christopher A. Tate (Seller) ~ "-" (Date} / ~^ °Z r '- ~~ e~~%~G- Eric T. Tate (Setter) ~ ~ _~ (Date) °Z ~ _ d . Ta ~--~ (Date)~ (Seller) _ .. ~\~ --~-=-~= Schwab 1~ i3y Orange County Summary Information Page 1 of 1 PIN#: 9845405022 TMBL#: 3.32.A.5 TRACT#: 336499 Tax Account: 269075 Street Address: 318 SCHOOL HOUSE RD Owner: TATE GEORGE JR HRS Additional Owner: Mailing Address: 450 PINEY MOUNTAIN RD Mailing City: CHAPEL HILL Mailing State/Zip: C,27514 '~ Legal Description: #1 WALTER MCDADE SR 1314 & 1313 Legal Description 2: Assessed Land Size: A6.05 ' Rate Code: 03 Land Value: $38736 Building Value: $2500 Total Valuation: r 125. t° X C. ! .-- ° \179.96 ' v ~, ~ ~ nNi jj e^p ro r..w $41236 N ~ V eD i p 98-05-AD-52~313.32.A.5$ ~, ~ I 1 M~'10D ~-" 1 D2.8U. ~'g7 V ~ ~ d O f+i r 74fl1 ~ y ass 'I qi ~~ n: f~ a M ~ ~', °c T j (370}„j.(140 ~,___ 301.90_ ~ 3. ~Q w 222.75 - f ~ ~`~' .~Ol~ a ~ ~ ~r ~y^ h ~: M;--'170 ` . J ~ " 1 NI ~ ~ '~ . w (P ~ + a: ° ... fit: 1 ~ ~ N ~ 78.83 .v , „~ ~. ______ 3.30. w ~' ~ ~ ~,. 0173 } E 17 5fl j _~ :.:~ - ~> i ~° X170 ~-- °; . ~ . . _ o, y. [2Dp N~_ (39T)_,~_ (154J ,~ ~ ~ fir' o .200. °Q ~ ~1B53--~ 124 ~ ~ ~ 4~ r3 ~ ~ ~; ~ ~~ * A 2D0_ ^ : ~. ::~ . .~~ 7 ~'.l ~~ ~ ~ ~ _ - ~.~r.-.~ ~' -r :.;ter.,,-~_.11,~~ 0 3~' ~no~ . ss-7410/531 DATE ~ ~` ~ 'AY TO THE >RDER OF_ ® Harrington Bank ~ Chapel Hill, NC 27517 $ fOC7L~:av `60LLARS ' ate" x:053 X74 L03~: ,~ , f;~ 1 ~ ~, c... ~ ~ y;° ;~~~ nr ~ . ~;V 3 L0364 2 211' l~ F. `_ Firm: Exit Realtv Southvoint (Signature) Individual Selling Agent/license #: n/e Firm Name: Exit Realtv Southvoint Acting as ^ Buyer's Agent ^ Seller's (sub)Agent ®Dual Agent ' Individual Listing Agent/license #: 214989 Firm Name: Exit Realtv Southvoiat Acting as ^ Seller's (sub)Agent ®Dual Agent H ~~ / ~~, d a i , ,.r! Jul. 30 08 06:35a 000-000-0000 1 ~~ Exit Realty Southpoint 1415 NC Hwy 54 West Suite 104 Durham, NC 27707 Phone: 919-493-3100, .Fax: 9'f9-493-311a AGREEII'IFd~'T TO AMIIYD CONTRACT Vb'ARMNG: ALL PARTfES, INCLUI}l3dG ANY LENDER, hNST BE PROVIDED A COPY OF THIS AGREEMENT BoB Barrett Stepney Hdwards as Buyer, and $sther Tate Chirstopher Tate 8ric T. Tate Jeffery D. Tate Ann SehaFrd as Seller, have entered into a contract on the Offer to Purchase attd Contract jform 2-T} or the Offer to Purchase and Contract -Vacant LotEI.srtd (form 12-T} ("Contract") regarding the purchase and sale of the following property {in~rtproperty address): #2 School House Rd & #~ School House Rd ~ ~~ ("Property"). ~. ~ ~`~' ~ ~I - ~ 'S . ~-- / .-~_ Buyer and S eller hereby agree to amend the Contract as set forth below (check applicable boxes}J: ^ Purchase Price. The purchase price is hereby changed to: $ n1a ^ Additional Earnest Money. 5 n/ & additional earnest money deposit shall be paid to Escrow Agent no later than a/a , TZIv1E BEING OF THE 1=SSENCE WITH REGARD TO SAID DATE ^ Loan Condition. The Ioan condition is hereby amended as follows [checkall applicable box(es)): ~ Type: The type of loan Buyer roust be able to obtain is hereby changed to: a/a ^ Fixed/Adjustable Rate: The type of loan rate is hereby changed to: a/ a ^ Principal Amount: The principal amount of the loan is hereby changed to: r,/a ^ Term: The term of the loan is hereby changed to: a/a year(s) ~ Interest Rate: The interest rate for the loan is hereby changed to: an initial rate not to exceed n/ a °.~o ^ Mortgage Loan Discount Points: The mortgage loan discount points are hereby changed to: nor to exceed a/a °10 of the loan amount Q Loan Origination Feet The Loan origination fee is hereby changed to: not to exceed a/a % of the loan amount Loan Application: The number of days following the Effective Dante tivithin which Buyer shall make written application for the Loan, autbori~e say required appraisal and pay any necessary fees is hereby changed to: a! a days ~ Buyer's RigLt to Terminate: The number of days following the Effective Date within whicb Buyer shall have the right to terminate this contract because Buyer is not satisfied that the Loan will be approved and funded is hereby changed to a/a days. ^ Facpenses. The amount Seller shall pay at Qositag toward Buyer's expenses associated with the purchase of the Property is hereby Changed IO: $ a1a . ^ Inspections/RepairNcgotiations. The timeframe(s) for InspectionslRepair Negotiations set forth in Alternative 1, subsection {b} of paragraph 16 of the Contract is%are hereby amended as follows [check all upplieable box(es)]: !J Repair No4ce Date: The Repair Notice Date set forth in Alternative 1, subsection (b) of paragraph 16 of the Contract is hereby changed to: a/a ^ Seller's Response Time: The number of days within which Seller shall provide written notice to Buyer of 5eller'sresponse to Buyer's written notice ofNecessary Repairs is hereby changed to n1a days. ^ Buyer's Respon~ Time: The ntu~er of days within which Buyer shall deliver Buyer'swritten decision after receiving Seilel's PREPARED BY: sLepney edvirrrd~ broker STANDARD FORM 33D-7 Revised 7/2008 iC 712008. North CatoliiYa Associaticn cf REALTORS Inc. ~ "~7Of~ ReaIF ~S , t~J2006, Velstpn 6.17 Beta. Software RegtstaYed io: O`Fice Manager, Exit Beatty 5outhpoiM _~...~f~~@qe 1~ ~(~ fii roar irriials ~'2 %~;/¢ 07!©x08'17:45:57. 5~'er irtilials ~ `J f~ ! !~!^J ~ y~ Jul 30 08 06:35a ~ •'J~CS 000-000-0000 p.3 . written response to Buyer's written notice ofNecessary Repairs is hereby changed of a days. ~ Soil, Utilities and Eaviranmental Contingency Date (form 12-T only). The date by which Buyer must notify Seller that the condition set forth in Alternative 1, subsection (a) of paragraph 13 of the Contract cannot be satisfied is hereby changed to: n/a ~ Sewer System Date (jorm 12-T only). The date by which Buyer must notify Seller that the condition set forth in Alternative 1, subsection (b) of paragraph 13 of the Contract cannot be satisfied is hereby changed to: n/a ~ Water Well Date (for-n 12-T' only). 'Ile date by which Buyer must notify Seller that the condition set forth in Alternative 1, subsection {c) of paragraph 13 of the Contract cannot be satisfied is hereby changed to: a/ a ~ Option Termination Date. The Option Terntixnation Data set forth in Alternative 2 of the Contract is hereby changed to: a/a ~ Option Fee. S >s/ a additional Option Fee shall be paid to Se11er on n/a , T1ME BEING OF THE ESSENCE tiVITH REGARD TO SAID DATE. ® Closing Date. The Closing Date is hereby changed to: on or before Angast 31, z o oa ~ Sales Agreement Date (form 2A2-T only). The date by which Buyer shall enter into a Sales Agrec;rctent for the sale of Buyer's Property is hereby changed to: u/a All terms and conditions of the Contract not specifically amended herein shall remain in full force and effect. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. A4AKES NO RFPRESENT.4TION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. StrXBR 8oB Bt7Y13R 8tepaey S&LLSR aaT$ ~ `~ aATE ~ G~ DATE ~ ~ ~ O TIMS Esther (lT~-ate // SSLLSR `~~ti-~'~-~~f~ ~ ~~ DATE ~ u`~/ `,~ TIMB C'hir o her Tate. (,'y~ 'J G~ G 3ELL8R ~ ~~ , '~~_ Y ~ DATE ! / C~ f7 TIME Eric T. Tate 3SI.LSR Jeffery 88LLSR C Ann 6chawd SELLER PREPARED BY: Stepney edwarda, broloer STANDARD FORM 33Q-T Revised 7r'?JD08 ~7I2009. North Carofna Associaticn of FtFJILTtJRS®. Inc. RBatFA$T~ Software, ®20C'8, Version 6.17 Beta. SoElware Registered to: OtHce Mereger, Exit Realty Sauthpant d7/29/0a 17:45:57 DATE ~ ~~~ TIME DATE °Z'~ L~ TIME DATE ~ ~ - ~ TIttE Page2ofi: l 3`'1 School House Road Partners, LLC 707 Rosemary St. Carrboro, NC 27501 Justification letter for the Efland Commons Development Orange County Commisioners Dear Commissioners, It is the intention of School House Road Partners to provide something unique to Orange County. That is affordably priced housing. We have seen that according to the Orange County Comprehensive Plan dated 9/19/07 page B3.8 "One newly constructed home was available that was at or below 110% of median income." Also quoting the Comprehensive Plan the price of homes rose over 84% between 1995 and 2005 in Orange County. While during the same period home prices rose just over 43% in Wake and Durham counties. Further we see a tremendous migration of people who live outside of Orange County but live in neighboring counties. A large number of staff workers at UNC Hospital and University just cannot afford to live here. Without the use of local or Federal funds we are building a new community of energy efficient homes which will range in size from 1400 to 1700 sq. ft. Each house will have at least 3 bedrooms, appliances, and a garage. They will range in price from $150,000 to $190,000. Our homes will qualify for USDA loans which provide 301ow interest mortgages for low income buyers. We will be donating $500 per home to Empowerment. They will work with us to create a Home Owners Association with low monthly dues ($10 per mo. projected). Empowerment will also work with us to provide special programs for our residents including financial literacy programs, neighborhood watch and home care and maintenance. There is a tremendous need in Orange County for affordable homes. We want to create a community which the residents will be proud to be a part of today and twenty years from now. Thank you for your kind consideration. Sincerely, Bob Barrett Secretary School House Road Partners, LLC. l ~fU SCHOOL HOUSE ROAD DEVELOPMENT An affordable housing community developed in cooperation with EmPOtitlERment Inc. and School House Road Partners, LLC ~~r School House Road Development Project Overview "There are no active developers (except for non-profits with inadequate capacity to meet demand) building homes or condos that are affordable to families at or below 80% of median income. Homes between $165,000 to $220,000 are affordable to families between 60 percent and 80 percent of .median, respectfully." The School House Road Development addresses this demand. The average house price is $190,000 fora 1575 sq. ft., 3-bedroom 2-bath home with garage, deck and patio. Twenty percent of the homes will be priced below $165,000. Ten percent of homes will be priced under $160,000. All homes will be built with energy efficient appliances including dishwasher, range, washer and dryer. Homes will be designed with special solar features to help offset energy costs. Located less than 10 minutes from the Eubanks Road Park and Ride in Chapel Hill, the School House. Road Development will be convenient for those people who work in Chapel Hill but could not previously have afforded to live in Orange County. * Orange County Comprehensive Housing Strategy p.47, April 2006. Y~. School House Road Partners, LLC School House Road Partners, LLC is a minority-owned business dedicated to creating affordable housing opportunities for people who live and work in Orange County. With extensive real estate experience, School House Road Partners works with local land owners, builders, contractors and non-profit organizations to create energy efficient homes built to the highest quality standards. School House Road Partners, LLC is working to develop family communities close to schools and business centers that will represent a solid investment for home buyers. While working closely with organizations like EmPOWERment, and other strategic partners, School House Road Partners will enable families to own spacious high-quality homes that they otherwise could not afford. l ~i3 EmPO`~1ERment EmPOWERment, Inc. is people empowering people to control their own destinies through affordable housing, community organizing and grassroots economic development. EmPOWERment, Inc. was launched in 1996 to help working families in Chapel Hill and Carrboro reclaim their economic and political power. EmPOWERment has now expanded our services to Orange, Chatham, and Alamance Counties. Since our inception we have aggressively promoted a new model of development focused on making real impacts in peoples' lives while helping communities organize for greater self-determination. We are reclaiming our communities by expanding homeownership opportunities, combating gentrification and organizing to build stronger neighborhoods. ~~~ Section V. County Profile (Data) Element Orange County Comprehensive Plan B3h~ Table: Average Re i~onal Housing Sales Price Trends, 1995-2005 Year: Orartige Durham_ . Wake Tota Avg.. Price 1995 $171,038 $123,266 $158,431 $150,912 1996 $192,144 $130,749 $162,474 $161,789 1997 $197,071 $138,876 $170,170 $168,706 1998 $209,208 $143,529 $175,039 $175,925 1999 $218,875 $146,795 $187,217 $184,296 2000 $235,633 $156,568 $199,362 $197,188 2001 $249,226 $162,913 $204,374 $205,504 2002 $261,895 $163,462 $212,567 $212,641 2003 $280,592 $173,844 $212,382 $222,273 2004 $298,883 $171,071 $221,903 $230,619 2005 $320 489 $181,162 $235 615 $245 756 %Change 1995-2005 87.4% 47.0% 48.7% 62.8% Notes and Sources: Source: Triangle MLS Data compiled by Chapel Hill Planning Department Chart: Average Re ig onal Housine Sales Price Trends, 1995-2005 3350,000 $300.OrN1 -8250,000 $200,000 i f ~e ~ -~~ The price gap Is widening s ~'~~ r. /°~ ~~ ~~ . . ~ r -~ ~ ~~ . . i ~ ~ ~- 1995'- 1996 1997 -. 1998 1999~> 2000 ~. 2001 2002 2003:- 2004 2005 - Orange ~ Durham Wake 3150,000 $100 OOO Source: Triangle MLS As of 9/19/07 B3.6 Section V. County Profile (Data) Element Orange County Comprehensive Plan B6k Figure: County-to -Coup Worker Flow, Census 2000 ........_.:.... _ ... ....__.._ t } '~i t s.rsawA _ { Parsm to ,ra+vile ~,F~, 1 Garad~i la Pgre..,n *2 t ' n ~ 4 F'£(SC~I i0 Waka G' 14 i Wake is Parson 1ti Fr~son to Dtrttam 3934 ....... .....................:.....__........,,.,,-~._ f Durham to Person .;7U - , ~ 1Nake lr+ ~sza~utle 14?' ... Rer^:.anto Change r,71 +3rartvdfa to Wake 248 OrarrgstaPersan t42 d Quhan to GranNla t4 to QE>ll~! GracmlfatoDuhan 4Cy) Franktontarranwila 6/@ ! GrarrtdW ti: Frsriil+n 23e Orange tt. Alarnaraog 2Cc3 ~ ~I~IM Atarnzarce to Uranga 35f3 OUham b~ Qra^tsla 9:,52 ~"».~».».~ Durt+arn to Fra+Yclin 211 Gra a to Dwharn 1847 Frenkln to Dtrt~m x51 Drrhamta.4tamarxx~ 385 ~s Alamanca to Durham 238 ~ Wske la Orange- 3552 Wake to Frankln 2430 Orar a to 1Neka 4212 Franklin la 1Nake ?0?Vt' `~ t~atflrrn to r-,rsn 4?OS Gh.3lham to Durham- 273 Wake to Drrham 43351 9Q DurhamtaYVet.s 134 [+faP eto Ct~Uram. 742 "' Durham to G'hatharo. 349 AJarr~r>CSIati.Vahs 947. rXaks to AJamence 274 Chatham W tllarrares 3d P.tsmarre to Chatham. 342 V>rake to •ChetRam Lt?3 ~ 4uham to J~ahnsten 409 ~-,~~tn W~a 27a ~ Jchrr~anto Duham 1fa ~~ Wake to ,ktl-nsb~n 4450 CJ~alttarrt to Les 141 Wake to Lee 11B Jattr~ton to Wa1:e 236'28 Les to Ctratham t 3P• Lee to Wake ~9• WaY,elc. Harnett gif ~~~~ .. ° .. °" " »"' HanAtl to Wake $84 1 V~ Remelt to Lee 453f. Herrret! to Jahnstai ifiGi Lc+e to Harnett 313 JN1r~stan la Hamcdt t?.8 [ y~~ ~ tax;, t5~k.~ ~ r7A NiK t~ 7C+_`t ~ V.. ~ ~C~+h ~ td:rx.: .. ~1!ti! 2x~r'.r; l~~ICV9 MP ke~~; ~'JJl• rN.'1li+i C~~erx; .. ...d N Notes and Sources: The width of the line indicates the volume of commuters between counties. Values are provided within the yellow boxes. Source: US Census Bureau, 2000 86.6 As of 9/19/07 l y~o Chapter S; Housing Element Median home prices in Orange County varied significantly by market area. Over the past 30 years, Chapel Hill has consistently had the highest median home prices in Orange County ($229,100 in 2000). Carrboro's median sales price was approximately $50,000 less than Chapel Hill's ($172,800 in 2000) and Hillsborough's median housing prices was $100,000 less than Chapel Hill's. In all markets, median sales prices have continued to rise over time, with a significant increase in value over the last decade. See Figure 5-5. FIGURE 5-5: MEDIAN HOME VALUES IN ORANGE COUNTY (1970-2000) rzso.ooo - _ _ _ - -- - 5229,100 ^~s7o ®lsao alsso ezooo Szoa,ooa E172,800 t179~000 350,000 5100,000 550,000 5117,100 12,30 •iero s,o+~~ w~ ~ _ - . -. Carrpo~ Chnpd FiEI.. . ~ Hltlsboraigh .. Tote) OronOe Co. Source: US Census Bureau, 2000. Between 2000 and 2005 housing prices for new and re-sale homes rose significantly. The percent of homes available for sale at $200,000 and below dropped during this period, and the percent of homes available for sale at $250,000 and greater increased by 32%. The average price for all homes in Orange County increased by 36% over this five-year period. See Figure 5-6. cOrawu~e~Couvity Cavn~rehevibiw~~lavi, WORKING DRAFT 3-5-08 55 1'H7 Chapter 5: Housing Element FIGURE 5-6: DISTRIBUTION OF HOUSING SALES PRICES IN ORANGE COUNTY (2000-2005) Pr1ce ; ~• 2000- Dlstributlon~ 2000 2001 2002 _ 20p3 2004 2005 2005 <$79,000 5.2% 4.0% 3.3% 2.3% 4.6% 2.9% -44% $80,000 - $119 999 13.1 % 12.4% 11.6% 10.9% 8.9% 7.5% -43% $120,000 s- 159 000 15.1% 16.0% 15.3% 14.3% 12.6% 14.0% -7% $160,000 - 199 000 14.2% 13.9% 14.7% 13.1% 11.4°h 11.5% -19% $200,000- $249 999 13.7% 12.1% 12.1% 14.4% 14.8% 14.0% 2% $250,000+ 38.6% 41.6% 43.7% 45.2% 47.8% 51.0% 32% Avg Prtce $235,833 $249,228 $261,895 $280,592 _$298,883 $320,489 38% Meme .nd s°a,°.a: ' F°- new end re,seb retidencea. Dam compae0 by Chapel Mill FYenninp Depertmerk Source: Tn'enyb MLS Housing Supply and Demand BL, Type52 Single-Family Units. Between 1996 and 2004, a total of 4,473 new single family units were permitted in unincorporated Orange County, 3,414 in Chapel Hill, and 1,076 in Carrboro. The 2006 Comprehensive Housing Strategy estimates that three person families at or below 95% of the area median income and four person families at or below 85% of the area median income could not afford the typical home in Orange County. Multi-Family Rental Units. Between 1996 and 2004, total rental production for Orange County was 2,160 units, or an average of 216 units annually. Multi- family permits constituted 17.1 percent of all permits in the County during the period. The vast majority of new multi-family units produced in the county (89.4%) were in multi-family structures with more than five units. The majority of these units are in Chapel Hill. In 2006, except for two-person families at or below 30 percent of median income, there were a significant number of rental units available at all income levels. Mobile Homes. The total number of mobile homes in 2000 was 5,1 14 units, or 6.9% of the housing market. The majority of these units (3,558) were owner- occupied. Mobile homes represent a small but growing segment of the overall housing market. Due to rising land values, it is expected that Chapel Hill and Carrboro will have fewer mobile home parks and units in future years. These displaced homeowners may have difficulty finding other sources of affordable housing. Ora.rt,~~Cawvlty Co-rnpreh~n~r'we<~lave WORKING DRAFT 3-5-OS 56 1'~ ~ Chapter 5: Housing Element 4, Public Housing. The Chapel Hill Department of Housing is the only local public housing authority in Orange County. The department currently operates 337 units of public housing in three locations, and had a waiting list of 220 families in 2006, 98% of which were at or below 30% of the local area median income. 5.4. AFFORDABLE HOUSING It is evident that Orange County faces an affordable housing challenge. The combination of rising land values, the lack of housing providers producing units in the moderate to lower end housing range, and the selling off of mobile homes parks are fuelling this challenge. A network of non-profit housing providers and housing assistance organizations in Orange County are working to fill in the housing "gaps" by providing a broad array or educational, financial, and technical services to households in need. These organizations include: The Orange County Community Housing and Land Trust provides a wide range of affordable homeownership opportunities for first-time homebuyers who earn less than 80% of the Area Median Income. The Community Land Trust develops affordable homes and keeps them affordable by retaining ownership of the land while conveying all the rights and responsibilities of homeownership to qualified buyers. Orange County Habitat for Humanity offers homeownership to working families who may otherwise be unable to purchase a home of their own. Habitat homeowners purchase their home directly from Habitat through azero-interest, 20-year loan, and provide sweat-equity by participating in the construction of homes. EmPOWERment, Incorporated works to increase affordable housing and preserve working-class neighborhoods for families in the Chapel Hill area. The non-profit purchases and renovates existing homes and build new homes for sale and rent to low- income families. ^ Chrysalis Foundation for Mental Health supports the development of affordable housing for people with disabilities and mental illness through property acquisition, rehabilitation and development in Orange, Person and Chatham Counties. InterFaith Council for Social Service provides shelter, food, direct services, advocacy and 4ra~e• Couv-.ty Covvt~reY~ev~%uvPi f la-vv WORKING DRAFT 3-5-08 S 7 1 '~l~ Section V. County Profile (Data) Element Orange County Comprehensive Plan B3~ Table: Availability of Oran a Coun Housing ~ Median Income, Snapshot: A_us;ust 26 2005 60X:,ofi Median 80'~G of Medtan tncome ~OOX`cf Median tncoma Three four Three Four Three four Person2 .Person Person .:.. Person . Person Person Median Incomes' $ 38,520 $ 42,672 $ 51,360 $ 56,896 $ 64,200 $ 71,120 Single Family Houses on the Market (190 Total Units Available) s Affordable Housing4 $124,737 $138,182 $199,579 $210,036 $249,473 $262,546 Homes Available s 2 2 9 11 21 23 Affordable as a % of the 1.1 % 1.1 % 4.7% 5.8% 11.1 % 12.1 Available Housing Market ' Median Incomes: US Census Bureau, 2000 z Denotes number of persons in household. ' Homes available in Unincorporated Orange County on August 26th, 2005. ° Housing price necessary to be affordabable for the family size shown. s One newly constructed home was available that was affordable at or below 110% of median income. Source: Comprehensive Housing Strateav Draft". Apri12006, Orange County Dept. of Housing and Community Devt Market data provided by Triangle MLS B3m) Table: Oran>?e County Apartment2 Growth, Vacancy Rates and Avera>;e Rents, 1996- 2005 Description 1996 1997 1998_ 1999 2000. .2001 2002 2003 2004. 2005 Total Units in 6 136 6,893 7 479 7,628 7,815 8,705 8,822 8,671 17 8,6 9,249 Market Segment , , . Percent 0.0% 12.3% 8.5% -2.8% 7.5% 11.4% 1.3% -1.7% -6.0% 7.3% Increase/Decrease Vacancy Rate 1.8% 4.3% 5.5% 6.4% 8.0% 8.5% 8.5% 9.7% 9.4% 9.3% Average Rent $627 $647 $685 $749 $756 $764 $782 $783 $758 $708 Percent 0.0% 3.2% 5.9% 9.3% 0.9% 1.1 % 2.4% 0.1 % -3.2% -6.6% Increase/Decrease Notes and Sources: ' For all of Orange County s Developments with over 50 units only. Source: Comprehensive Housing Strateav 'Draft". Apri12006, Orange County Dept. of Housing and Community Devt Data provided by Chapel Hill Sub Market Summary, Real Data Apartment Market Research B3.8 As of 9/19/07 i5~ Chapter 5: Housing Element information to the county's homeless and other people in need. 5.5. NEEDS ASSESSMENT Orange County's housing market has benefited from the exceptional quality of life found in its communities. The housing market has been very strong, even during economic downturns, and property values have continued to be higher in the county than in neighboring jurisdictions. The result of the healthy housing market is an increased need for lower and moderate income housing options. As the county's population increases in future years, more housing units will be needed. The location, density, and pattern of these new housing developments will have a large impact on the county's community character, as well as its economic, social, and environmental sustainability over the long-term. The Comprehensive Plan provides the county with direction through guiding principles, goals, and objectives aimed at the future housing needs identified. A summary of the key community needs for housing includes: ^ By 2010, estimates show that an additional 1,064 new housing units will be needed in the county.s' It is expected that the county's population will continue to grow through 2030, and will demand additional housing. Appropriate areas for future development to provide new housing will need to be identified. ^ The current supply of rental housing stock is aging and in need of rehabilitation and upgrading. Upgrading these units is needed to ensure the efficient use of existing rental housing and maintenance of the existing supply of affordable units in to the future. ^ Housing analyses have shown that there is a significant unmet demand for affordable housing for households earning 30% or less of the area median income. New affordable housing options are needed for these households. ^ Because private mobile home parks in the county are being converted to other uses, households are being displaced and the supply of affordable housing units is being reduced. Other affordable housing alternatives are needed for displaced mobile home owners. ^ Homeownership opportunities for households earning 80% of the area median income and below are limited and not meeting existing demands. Homeownership opportunities need to be expanded to c~rcx,-~-~ Couv~.ty Cotn.~rel~.evt~i~v2~ ~la.~~. WORKING DRAFT 3-5-08 S8 ~ 5'/ Chapter 5: Housing Element maintain an appropriate rate of homeownership in the county. Local non-profit housing providers are in need of financial assistance to develop needed affordable housing and to provide homebuyer assistance. New dedicated funding sources need to be identified to fill this gap. 5.6. GOALS The following housing goals will guide future policy and implementation strategies for the county. Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. Housing Goal 1: A wide range of types and densities of quality housing affordable to all in all parts of the county. Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability or circumstance. Housing Goal 3: The preservation, repair, and replacement of existing housing supply. Housing Goal 4: Development ordinances and incentives that promote inclusionary practices and housing options for all income levels. 5.7. OBJECTIVES The intent of this Plan is that this list of objectives will help guide regular and ongoing decisions-making by the county related to housing initiatives. Each objective has a specific timeline for completion. The timeline key is shown in the box below. Housing Goal 1: A wide range of types and densities of quality housing affordable to all in all parts of the county. Objective H-1.1: (Onaoin Implement the county-wide Housing and Community Timeline Completion Date Development Consolidated Plan to assist in the rehabilitation Ongoing Ongoing and development of affordable housing and community Short Term 1-2 years development programs in the county.s° Medium Term 3-5 years Long Term > 5 years Ob1ective H-1.2: (Ongoing Concentrate the Orange County Community Development Block Grant Program efforts and resources in those areas of the county occupied by low and moderate-income households and having the most severe housing and community development needs.55 Orc%i.vi,~-e CQwvtty Co-vn~~rehP.v~we f lave WORKING DRAFT 3-5-08 59 ~a Chapter 5: Housing Element Obiective H-1.3: (Short Term) Increase the provision of housing assistance for households in need through technical assistance and coordination with public and non-profit organizations responsible for housing in the county.sb Objective H-1.4: (Short Term) Coordinate with the municipalities to maintain an adequate supply of residentially designated land to accommodate sustainable levels. of population growth and a diversity of housing types county-wide.57 Obiective H-1.5: (Medium Term) Ensure that a variety of housing types can be developed throughout the county in a sustainable manner that efficiently uses existing and planned public services.58 (See also Land Use Objectives LU-1 .1 and LU-6.2.) Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability or circumstance. Objective H-2.1: (Long Term) Accommodate the development of group homes and foster care facilities in appropriate locations to provide increased opportunities for social interaction, a de-institutionalized lifestyle, and gainful employment.59 Objective H-2.2: (Long Term) Develop a plan to implement the strategies of the Orange County Ten Year Plan to End Chronic Homelessness.bo Obiective H-2.3: (Long Term) Increase the number of affordable multi-family housing units which are designed to support the needs of the elderly, especially those with limited incomes.61 Housing Goal 3: The preservation, repair, and replacement of existing. housing supply. Objective H-3.1: (Ongoina) Achieve residential neighborhoods that are attractive and well-maintained.bZ (See also Land Use Objective LU-2.10.) Objective H-3.2: (Ongoing) Require that all new housing built or located in Orange County meet the minimum standards specified in the State of North Carolina Building Code, as well as Department of HUD and Farmer's Home Administration's standards, when required.63 Objective H-3.3: (Short Term) Expand assistance in the retrofitting, repair, and maintenance of existing homes owned by financially challenged households, particularly those that are senior citizens.b' Qra~.~~iCouv~.ty Co-w~rehev~+w~t~law WORKING DRAFT 3-5-08 60 first floor Plan Square Foota~ First Flaor 667 Second Floor 853 Total 1520 Width = 36'6" Depth = 35'4" sF'~ The Dancy ~ Three bedrooms, two and a half baths ~ Covered front porch and screened back porch ~ Single car garage ~ Gas fireplace in living room ~ Bar top and pantry in galley kitchen ~ Large walk-in utility room ~ Linen closet ~ Walk-in closet in master bedroom ~ Playroom with storage closet ~ ~'3 Plan 1520-203 Project #03041 I 8320 Falls of Neuse Road, Suite II1, Raleigh, NC 27615 919-847-8818 Fax 919-6T6-1496 www.hayneswelch.com HAYNES ~ WELCH, INC. R E S I n f N T I A I D F 5 I f N F A C Second Floor Plan I~'y HAYNES ~ WELCH, INC. R E 5 I D E N T I A l D E 5 I G N E R S first (loos Alan The Fairview ~`" ~ ~ Three bedrooms, two and a half baths ~ Covered front porch a~- Single garage ~ Formal colonnaded dining room lid Gas fireplace in living room ~ Coat and linen closets ~ Utility closet outside bedrooms ~j Upstairs master suite with walk-in closet ~ Great for a small, narrow lot Second Floor Plan Bedroom 2 I > Bedroom 3 w' x u's° n's° x lo' wlc Master Suite I S' x 12' Square Footage First Floor 602 Second Floor 7q8 Total 1350 r------------------------------------ Width = 25'0" Depth = 41'q" Plan 1350-202 Project #020823 8320 falls of Neuse Road, Suite III, Raleigh, NC 27615 919.847-8628 Fax 919-676-1498 www.hayneswelch.com ~ S5' ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning Division tea` . ~ ''s 306E Revere Road (919) 245-2575 ~_ ~ P O Box 8181 (919) 644-3002 (FAx) #~ Hillsborough, N.C. 27278 www.co.orange.nc.us ~°''r4 ~._~~~°° ±.F f... • ___ ,-~. ~~ ~~ p ~~, - it, 1~`~~ Lp gq~ july 1, 2008 Dear Property Owner: The Orange County Subdivision Regulations require notification of landowners within 500 feet for all proposed- major subdivisions. A Neighborhood Information. Meeting (NIM) is an opportunity for adjacent owners and the developer to meet in an informal setting prior to the more formal presentation of the proposal at the August 25th Quarterly. Public Hearing. The purpose of the NIM is to provide an early opportunity for you to ask questions about the proposed development plan. At the NIM meeting the subdivision applicant will present the proposed Plan and answer any questions relating to the subdivision. The NIM is not the only opportunity you will have to speak regarding this proposed subdivision. Date: Tuesday, July 15, 2008 Time: 7:00. p.m. Place: Planning and Agricultural Center (Food Lab) 306 Revere Road Hillsborough, North Carolina 27278 Development Summary (Efland Commons): The petitioner, Bob Barrett, agent for School House Road Partners, LLC and Ollie, Bonnie and Sandra McDade and George Tate, Jr. Heirs, has submitted a 45-lot Planned Development Subdivision petition, shown on the enclosed map. The total tract acreage is 12.8 acres and is located in the Cheeks Township at the terminus of Tinnin Road along the northern boundary of School House Road. The current zoning is Rural Residential (R-1) Upper Eno Protected Watershed. The subdivision is to be served by Orange-Alamance Water System, Inc. Sewer service will be provided by Orange County. At the meeting, the Orange County Planning Staff will explain the Planned Development subdivision review process and answer questions regarding the County's land use regulations. After the NIM, the Plan will be presented at the August 25, 2008 joint public hearing of the Orange County Board of Commissioners and the Planning Board. At the public hearing you will be allowed to speak and ask questions about the proposal. Please refer to the enclosed map and contact Robert P. Davis at the Orange County Planning Department if you need additional information. Mr. Davis' number is 919.245.2580. Buffer List Generated by Land RecordslGlS by Michael Burton, Sr. 7/28/2008 PIN TMBL OWNER OWNE R2 ADDRESS CITY STATE ZIP DESC1 SIZE DEEDRE F TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9844-39-5355 3.31 A.22 ORANGE COUNTY BOARD OF EDUCATION 200 E KING 5T HILLSBOROUGH NC 27278 #A ORANGE COUNTY P82/133 A12.13 273/291 01/20/1999 0 0 0 0 9844-39-9372 3.32.A.1 ORANGE COUNTY BOARD OF EDUCATION 200 E KING ST HILLSBOROUGH NC 27278 W/S SR 1315 A9.8 136/365 0.00 05/12/1951 0 0 0 0 EFLAND CKS SCH P4/163 9844-49-2591 3.32.A.3 FULLER CHARLES 203 SCHOOL HOUSE RD EFLAND NC 27243 W/S SCHOOLHOUSE RD P58/8 A0.6 152/114 10/21/1954 12398 30672 0 43070 9844-49-3122 3.32.A.2 ORANGE COUNTY BOARD OF EDUCATION N!O HWY 70 A3.72 2701938 7.00 01/01/1977 0 0 0 0 9844-49-3683 3.32.A.4 MCDADE OLLIE M & BONNIE W MCDADff04 SCHOOL HOUSE RD EFLAND NC 27243 W/S SR 1314 L1 98-E-255 0.00 06/08/1997 8996 47405 0 56401 9844-49-3706 3.32.A.5A TATE GEORGE JR HRS 450 PINEY MOUNTAIN RD CHAPEL HILL NC 27514 #2 WALTER MCDADE OFF SR 1314 A2.94 03-E-398' 0.00 11/10/2002 27148 0 0 27148 9844-49-5156 3.32.8.2 FULLER CHRISTINE HRS 211 SCHOOL HOUSE RD EFLAND NC 27243 E/O SR 1314 L1 143/310. 10/24/1952 12098 40309 0 52407 9844-49-5285 3.32.8.3 DAVIS MILDRED & LEROY 4811 U S HWY 70 MEBANE NC 27302 #1 ROBERTS & MCADOO L1 3651613 5.00 06/22/1981 13853 27271 0 41124 CKS TP P5/106 9844-49-5382 3.32.6.4 MCADOO PEARL . 219 SCHOOLHOUSE RD EFLAND NC 27243 #2 ROBERTS-MCADOO P 5/106 L1 156/138 10/07/1955 13853 28329 0 42182 9844-49-5389 3.32.6.5 MCADOO ELMER J 221 SCHOOL HOUSE RD EFLAND NC 27243 #3 BOBBY R06ERTS P5/106 L1 157/467 02/25/1956 13853 25583 0 39436 9844-49'5477 3.32.8.6 MOORE CAROLYN G 223 SCHOOL HOUSE ROAD EFLAND NC 27243 #4 BOBBY ROBERTS P5/106 L1 1531/483 110.00 12/04/1996 13240 38645 0 51885 9844-49-5574 3.32.6.7 GAINES CHAPEL AME CHUF PO BOX 21 EFLAND NC 27243 #5 BOBBY R ROBERTS P5/106 L1 229/1371 0.00 06/08/1971 11252 29618 0 40870 9844-49-5672 3.32.8.8 MCDADE ANNIE GERTRUDE 305 SCHOOL HOUSE RD EFLAND NC 27243 E/S SR 1314 L1 147/275 0.00 06/17/1986 15200 28573 0 43773 9844-49-6013 3.32.6.1 WATSON MARGARET F ETf 4227 FULLER RD EFLAND NC 27243 N/S SR 1315 A0.8 226/1356 0.00 09/28/1970 15638 100 0 15738 9844-49-7145 3.32.8.10 MCADOO ROY E & WINNIE PO BOX 153 EFLAND NC 27243 #1 ROY MCADOO P70/186 A2.21 148/359 0.00 02/25/1994 26644 46526 0 73170 1 t` ~,~ 7/28/2008 ~` PIN SIZE TMBL OWNER OWNER2 .ADDRESS CITY STATE ZIP DESC1 DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9844-49-7696 3.32.8.9 WHITTED ANNIE M 128 W UNION ST HILLSBOROUGH NC 27278 S/S HWY 70 & N/S RAILROAD A3.3 06-E-119 0.00 02/24/2006 31222 29614 0 60836 9844-49-8056 3.32.8.10B FOUST TONY M 8 FLORENCE M 7911 AUGUSTA RD MANASSAS VA 20111 #2 ROY MCADOO P70/186 (11.06 28401548 0.00 12/31 /2002 13141 0 0 13141 9844-59-0353 3.32.B.10A PEARSON MARIAN MCADO~ 13 EAST WALNUT ST STAMFORD CT 06902 #1 GINA HARRIS A1.2 617/182 44.00 12/02/1986 18724 57378 0 76102 W/S SR 1313 P41/61 9844-59-2539 3.32.A.18A WALKER CLARENCE E % WANDA B WILKIN91304 MAGELLAN CT AYDEN NC 28513 E/S OC 1340 L1 97-E-083 0.00 02/18/1997 14851 14461 0 29312 9844-59-2561 3.32.A.17A RILEY CALVIN DAVID 307 TINNIN RD EFLAND NC 27243 E/S SR 1313 A0.5 3861/486 '0.00 08/09/2005 13488 84500 0 97988 CKS TP (.5 AC) 9844-59-2737 3.32.A:18 MCADOO DANIEL T HRS 315 TINNEN RD EFLAND NC 27243 E/S INT SR 1313 & 1314 A2.2 169/339 0.00 08/06/1989 24821 22439 0 47260 9844-59-3403 3.32.A.17 RILEY GREGORY D & RONALD N CROAKH05 TINNIN RD EFLAND NC 27243 E/S SR 1313 A0.5 94-E-190 0.00 03/26/1994 13488 11711 0 25199 9844-59-4196 3.32.A.13A MCCULLEY SARA C PO 80X 83 MEBANE NC 27302 N/O HWY 70 A1.25 178/554 0.00 08/04/2006 19180 82831 0 102011 9844-59-5713 3.32.A.8 RILEY MARY ANN 225 TINNIN RD EFLAND NC 27243 E/O SR 1313 Al 2644/545 0.00 07!12/2002 11385 0 0 11385 9844-59-6192 3.32.A.19A TINNIN MAUD HRS C/0 FAYE JONES 230 KINGSTON AVE 7-0 BROOKLYN NY 11213 E/O SR 1313 TINNIN RD A2 271/1579 0.00 03/06/2000 21504 0 0 21504 9844-58-6613 3.32.A.8A RILEY MARY ANN 225 TINNIN RD EFLAND NC 27143 E/O SR 1313 A0.51 1332/24 0.00 03/08/1995 13612 58888 0 72500 9844-59-7891 3.32.A.9A THOMPSON VICKIE D 259 TINNIN RD EFLAND NC 27243 #B MACK EFLAND SR HRS P84/198 A0.93 2590/306 0.00 05/16/2002 16352 139060 0 155412 9844-59-9508 3.32.A.13C MCCULLEY LELIA HRS 223 TINNIN RD EFLAND NC 27243 E/O 5R 1313 A0.75 133/316 0.00 02/01/2001 11385 0 0 11385 9844-69-0189 3.31 C..61 ASHWICK HOMEOWNERS F 829 MCDADE STORE RD HILLSBOROUGH NC 27278 OPEN SPACE PH 1-2 ASHWICK A4.544 2956/324 0.00 04/07/2003 3 0 0 3 P91 /124 9844-69-4461 3.31.A.23 ASHWICK ASSOCIATES LLC 5523 WALL STREET MEBANE NC 27302 ROADS PH 1-2 ASHWICK P91/124 L1 2191/459 0.00 12/27/2002 1 0 0 1 9845-30-4659 3.318..47 HABITAT FOR HUMANITY OCOUNTY N C INC 1829 E FRANKLIN SR #12006 CHAPEL HILL NC 27514 STREETS RICHMOND HLS P88/48 ' L1 2026/481 0.00 05/24/2001 1 0 0 1 2 7/28/2008 ' PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP DESC1 SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9845-30-8142 3.318..9 RAMIREZ JOSE RENE & MARIA DE LOURDF~10 ALICE MILLER CT MEBANE NC 27302 #9 PH 1 RICHMOND HLS P88l48 S14003 2686/262 216.00 08/23/2002 28986 85143 0 114129 9845-30-8332 3.316..15 BELL JOHNANNA T 301 BOUNDBROOK RD MEBANE NC 27302 #15 PH 1 RICHMOND HLS P88l48 S14008 3439/382 240.00 05/19/2004 24808 90006 0 114814 9845-30-8444 3.316..16 JOHNSON JANACE 307 BOUNDBROOK DR MEBANE NC 27302 #16 PH 1 RICHMOND HLS P88l48 S14000 3526/589 245.00 08/10/2004 28658 81949 0 110607 9845-30-8554 3.316..49 VILLALOBOS ALFREDO VIU~ AURORA L BARRAQI I BOUNDBROOK DR MEBANE NC 27302 #17 PH 2 RICHMOND HILLS P90/158 S14000 3719/507 250.00 04/12/2005 32240 82603 0' 114843 9845-30-8654 3.31.6..50 BURNETTE SANDRA JEAN 317 BOUNDBROOK DR MEBANE NC 27302 #18 PH 2 RICHMOND HILLS P90/158 S14000 2914/315 230.00 03/06/2003 28658 85030 0 113688 9845-30-9143 3.318..10 SMITH PAULA MELLADO 206 ALICE MILLER CT MEBANE NC 27302 #10 PH 1 RICHMOND HLS P88l48 S14003 2687/340 218.00 08/23/2002 28986 82853 0 111839 9845-30-9332 3.318..14 GUZMAN ENRIQUE SANCHE& LAURA ISELA FRAP¢~p7 ALICE MILLER COURT MEBANE NC 27302 #14 PH 1 RICHMOND HLS P88/48 S14024 4065/43 264.00 06/29/2006 34674 88641 0 123315 9845-30-9898 3.318..45 RICHMOND HILL HOMEOWIASSOCIATION INC P O BOX 459 HILLSBOROUGH NC 27278 #A PH 1 RICHMOND HLS P88l48 A14.06 2269/38 0.00 05/24/2001 3 0 0 3 9845-40-0142 3,31 g,.11 EDWARDS BENITA 202 ALICE MILLER CT MEBANE NC 27302 #11 PH 1 RICHMOND HLS P88l48 , S14098 3439/79 250.00 05/19/2004 29183 83622 0 112805 9845-40-0334 3.316..13 HINTON LAKISHA D & EMANUEL CULVER203 ALICE MILLER CT MEBANE NC 27302 #13 PH 1 RICHMOND HLS P88l48 S14001 3989/445 0.00 03/20/2006 24796 97011 0 121807 9845-40-1343 3.318..12 WESTER LELA S 201 ALICE CT MEBANE NC 27302 #12 PH 1 RICHMOND HLS P88l48 S14873 2686/493 250.00 08/23/2002 29077 94382 0 123459 9845-40-5022 3.32.A.5 TATS GEORGE JR HRS 450 PINEY MOUNTAIN RD CHAPEL HILL NC 27514 #1 WALTER MCDADE SR 1314 & 1313 A6.05 03-E-398 0.00 11/10/2002 38736 2500 0 41236 9845-40-5243 3.32.A.5B MCDADE OLLIE M & BONNIE W MCDAD~04 SCHOOL HOUSE RD EFLAND NC 27243 #3 WALTER MCDADE N/O SR 1314 A3.4 98-E-255 0.00 06/08/1997 29675 0 0 29675 98450-9228 3.32.A.6 MEBANE ROBERTA & ELVIRA M PO BOX 185 EFLAND NC 27243 N/O SR 1313 P23/98 A1.52 892/560 5.00 01/14/1991 17690 0 0 17690 9845-50-1248 3.32.A.6A HOLMAN HEWEARL 98A LAWRENCE AVE DORCHESTER MA 02121 N!O 1313 A1.52 258/238 17690 0 0 17690 9845-50-2686 3.31.A.36 EFLAND LOTS RICE 3715 HWY 70 W EFLAND NC 27243 N!O HWY 70 W P86/38 A24.69 3887/267 0.00 10/07/2005 104192 0 0 104192 3 7/28/2008 ^` ` ~ ~ .PIN 1r TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP ~ DESC1 .~ SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 _ 9845-50-3268 3.32.A.68 RANSOM LOTTIE MOORE 4805 US 70E MEBANE NC 27302 N/O 1313 A1:52 333/384 00.00 03/04/1980 15921 0 0 15921 CKS TP 9845-50-4030 3.32A.7 MCADOO WILBERT J JR & CLARENCE A LOFTpfO BOX 135 EFLAND NC 27243 E/O SR 1313 A2 622/137 0.00 12/23/1986 18278 0 0 18278 9845-50-5288 3.32.A.6C JACKSON JENEEN A P O BOX 224 EFLAND NC 27243 N/O SR 1313 A1.52 1441/264 0.00 03/06/1996 21321 170248 0 191569 9845-50-8080 3.31C..71 CECIL HOWARD BENTLEY i& KIMBERLY P 105 STRAYWICK CT EFLAND NC 27243 33 PH 3-4 ASHWICK P100/36 A0.91 4487/465 532.00 03/26/2008 36040 60462 0 96502 4 1~ 9845324503 9645521013 9845313721 9645317794 9845411600 ` ~ 1 9845316318 11 1 10 9845313236 9 531 78 9845419206 1 541 6 ~ 10 6 319 ,~ 9845313093 531 9845613620 9845502686 9944299515 9844299425 9844299325 9844384768 9845309898 9844399372 ~ 844495 593 2 ) 444952 4459035 59 ~ { _) i 9 ~ S9 57 1' 88444931 14496 13 9 9 9844596192 9844590093 _, 84560,.-.~_. ?213 ( ~ 9a44493612 98444891 9844468640 sea~a~64t r i t t "" ~ ~~u ~ 984 a -~ ~ 6147 6 2 9 383 1 4387 /~ ) - 96 88 1 Q i 1 un~~ 9844365301 67 1 ~ /) ~ 4 ~~Q • I w.< u~ / 812 984448327 ~5 87 ~/ i ) ~ 1i°" ` ~~~3 7 t ) 5851 5 1 9844688079 "`°'•"'°"` ) 4488 ~ 45i8 735 ~ ~ 4 7 8 ~ r~` 0 ~"! "'"' 9aaa374s7a ~ 9 7 97 9 e 7 i ) + ease FORRESTAVE °ODE 9 7 9 5 i0 57 ~:. ~ 2 _~ 79 7 7 6 05 q5 1 8 i M•~~ sa«n This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from "'" recorded deed, puts, and other public records and data. Users of this map are hereby notified that the aforementioned '~~ ~"'w°" public primary information sources should be consulted for verification of the infomlation contaihed on this map. The ,~ • . xew•i,.q county and its mapping companies assume no legal responsibility for the information on this map. -~=-~°Po~ Oran e Count GIS •~«•-•-* ~ Y 1 inch equals 500 feet °..I Nr. OWNERS: OLLIIi M MCDADE 301 SCHOOLHOUSE RD. A gPl'E Q•IFORMATION: _ '+.,4 i.p,yrm,,,r°eq~„n,,,.e,w„,n,,,.,„s,n„++,sy.e,,,x,~ CONSTRUCTION INFORMATION: EPLAND, NC 27243&GEORGE TATE 7R HEIRS Ej` .~~,~,~81,3866Q }k -+/-18.88 AC pt.,~~',.,r^m. ''+., x.+s.c.o.e.xrw•.w,;.,races,yr.~.x~.s~ur.ascl,~..sw.ly. A.NUMBER OF YEARS iO BUR.DOUT-3YR5 ISOPWEY MOUNTAM RD. CHAPEL HB.G NC 27514 yOTAREII -878,008 Sq F1.-+/-8.88 AC. -48.88% _ f S~\`~ »c.xx~z B. NUMBER OF HOUSES TD BE BUH.7 A BONNIE MCDADE & SANDRA MCDADE ~ ~•.'` < ..3, s.m9.oo..Nr„s=s.rNx...9n r.,°,, fxc.von°e.o. c..w,xx DEVELOPER: SCHOOL HOUSE ROAD PARTNERS, LLC OPII4 SPACE -881,899 SgFR ~/-B.IO M. -38.80% Ir _ , DURING EACH YEAR UNTIL BUR.DOUT-15/YR IAi-14/YR 3 `s='.~ j R 707 R056MARY ST. CARRBORO, NC 27]10 TO'PAL ROW X7,879 Sq R.-+/-1.93Ac. -I1.8B% ,y~e C. AVERAGE PAACE OP HOUSES BvCLUDMG ~ TOWH8F11P-C!~ TOWN9F~ ~~' "-.~~ r ~°W°'0'°0°R' .x.r.uz~ LOTB FOR EACH YEAR 70 BNLDOUTd175,000 WATERBY: ORANGF/ALAMANCE WATER TA%MAP- Boole 1880 840 ''.o,•.•mm""~• i.w~b~ ri Wc. Nvb SEWER BY: ORANGE COUNTY SEWER .,•,+. Boole 878 Pg 878 "°a°~"s'' Boot 697 Pg•. 178 PeWC CURR@r[ZONWC-Rl \ WAL@70 - _ _ __ _ _ __ _ PROPOSED ZOND70. PI)-HR8 (SINGLE FAM6YR7'~ENTIAL O 7Hn0. W/ACCBBBORY Itffi~S) EFUND, OIS RICE Pa9-9895908088,8844489708,9848405899 gT(tEAMA (O~ PIN: 96 502686 Nas•si'oe'E N9O0°~ •E AfPERV10BS811RPACE=I58,3508P(8.87Ac)(30%) Nae']j'oYE t07.7tl ,9.a I-iPERVIOBBAREA/1.07`-31198E Na6'RI'44E 117.M' I Nagp9'OYf 1 0.71' - - N4C15'J]-F. ^~ ~]y,al' - - TEP[CA4NIdDINC W U Nas3R'a54 e>..]' s0 . • - - - - - • • GTE: TREE PR TECf! ~~ 5 140.]0' - - •'-Cf~EN~CT•i•.•. ~~-.•. ..T .•.'. py ' _ _ R OPEN ACE ----•-- _ -6,55 1g' ~ ~ ° . • / - . -~~ -° ~ • ~ •' MEfl4NE, ROBERT A. & ELW M. I \ •Z+" .rJ. U ^ • - - A A . Nx ~ PIN: 9845409228 I ~ S 8 if-6s C ~ O q gi aeu p.R 3 Vicinity Map -~ - ••~'.•.••/•• Eank- x 2~R I I I .. MOL N HEWEARL :x0m 9'$? Not to Sc8le u~1 ,'•',','• --~„~,'; ,,, 24} e I PIN: 845501248 •~ • srio: )ROU: - 81REAY• 8 ~ .,e » ]ww I L J ~ '~ r K °`. ~ _ = 28 I'~ .'S zo~ _ - BfRGY SVIN. .H9 60.R (O~ q MYC 4n MP ~ ~ /r-~ ~ _ / ~ • . • - • . e9~+_aewa,am. tB'+ uY r°I°9°ted (~ O U / CI RICHMON HILLS ~ nN ~,.w. ~) ~ W~ / }------~G4 ~ / ~I HOM NERS p,p _ ewnl eemm ~/me _ -{ I ~ _ _ _~ ASS IATION,INC 8 - •' • -~ - • - • /' - • 9 2 wa 7RAW PIN: 845309898 ~,~ ~ •• - ••/• • -~ • • - - • •,a ~j (~ 21 23 I. I\ ~~ / \ bn !•~.•.-.-. .•~. 198 - 10e8 r4R a 2EC2 !x9]948 .1 .. - e .1x.19'• _~~__ -oPEISSRAC~--: ,v O Ill :. -. - - ~ ~, .{• 4 y . ~ ~~ °.,,.....~_ ~ .~......,, i . sa. n 4 /eonlh n 4 O~EELSRAC$. - - ~I. eaaoe9. R we^so-R 3 ~ . • - I. ~' _ ~ S ~.wF rmsae~ I~ ~ •]• x~J R a0009ryR Y--.• - ~~®~ _ 0 - rri RECOMMENDED ROAD CONNECTION / . • J• . • / m - •~• - • / / m+*+xoWxam. x • ~ ~• ° " ~ MCAD00 WILBERT J JR „ / / to / - ~ ~ •• g CLARENCE A IN • r: - ~ 4 16 °°°"° a 13 g- ~ ~~R , a.4~.~ I \~ bp• ' PIN: 98455 3G a O i °~" g',~`' L 'o-".. 14 ! son ~ y y - ,..-I _ v) ~aaR / 1i I ~o ~ ~ V) $ 9Ix0 NCCOl - wapR TYPICAL ROADWAY SECTION 8 h {r • - 38 " / l9.avap9 S •'I .'. n e...im ~ ~ ~~~ ,6~5~ ~s 37 { 42 Ea. • • • • - a14x p•fl. 0101 p.n xKS,RMPI RANGE COUNtt BOARD OF EDUCATION ~tj p. PIN: 9844399372 . • .~ • _ ~ w p, fl, PUBLC WAE840 ~~ N R 7RAn -.~.. ., . . ,~,;. SHEET II4DE% - . O . . SPACE .. _ ~' - -OPEPYSFACE 1. CONVEN'iSONAL PRELItslIIVARY SI'T'E PLAN • • - • • 59aiYO]•f / I~.~• 2. STORMWATER&EROSION CONTROL PLAN -y I MCDADE ANNIE GER7RUDE M I ° ~ 5 ~ PIN: 9844495672 _ 3.Ifl'IIRfY PLAN - g~ E Z i 9 MC OWE M. @ 90NNIE W 4. RESOTIRCE MANAGIIx1ENf PLAN • . - . 'PRx: 991419]893 - _ _ _ _ _ _I 650- _ -~ seelem4-f - ~-- - _ >fi.]a' I 4 I FULLER CHARLES I I I I PIN: 9844492591 I 1 WW99.R YI~•• Vl rl NM09'OOYI n,~ ~ L~ naox• \ WHDTE\N E M MCAI \6S PIN: 9844497 6 I PIN: Q\ I f \ ~ \ ss ~ ~ s\ \ \ NOTE:; \ \ \ \ \ \ \ ~~ ~ \, ~ \~ REAMB m' FRaM s7REibs ~+ . r.. L 7 I .rLyl VJ ~ W BO' FR04 STRE4u ~ a \ ~ t_ - 0 630 p U . '~ ~ wars sNALL 5 • - ~ REerarrERSEC1aoNg U W ~ \ \ gq0~ -~-Ax:.r: . I ,~!