Orange County NC Website
3 <br />As the Board may recall, the Fairview Park property is located astride two parcels of land <br />- one owned by the County (west) and one by the Town (east). Because of the <br />interspersed nature of the facilities on the site and the existing parcel boundaries, the <br />CUP application currently includes facilities planned for Phase 1, other facilities that <br />would be alternates if funding is available, and some facilities that would be part of a <br />future phase. This has been a complicating factor for the Town Board of Adjustment, <br />which has determined that, since these parcels currently include areas beyond Phase 1, <br />Town ordinances compel them to require sidewalks for all of the roads bounding the site, <br />regardless of the construction phase. <br />To address this unexpected condition and the willingness of both County and Town to <br />share in Phase 1 sidewalk construction, staff has identified a proposed modification to <br />the CUP application that changes the application boundaries, and focuses sidewalk <br />construction to the area of potential current activity only (please see the attached map). <br />This would be accomplished by revising the application to reconfigure the boundaries of <br />the County-owned property via an "exempt plat." This 10-acre division of property is <br />exempt from subdivision regulations and can be accomplished by survey and <br />recordation. <br />The "exempt plat" would serve to better define the actual area of the. County-owned land <br />to be addressed at this time, by subdividing the property consistent with planned <br />facilities, and excluding areas that would require additional infrastructure. Creation of the <br />"exempt plat" would also avoid impacting the sensitive stream buffer area located outside <br />of Phase 1 that could be negatively affected by future sidewalk development (allowing <br />this issue to be studied further by County and Town staff). By creating this change to the <br />property boundary, the sidewalks would thus be developed consistent with the park <br />phases in which they lie. <br />In this scenario, Phase 1 of the park would include the areas planned for development <br />on the Town's property, and the proposed facilities shown for Phase 1 within the "exempt <br />plat" portion of the County's property (as shown on the attached map). Note; The <br />proposed exempt plat portion of the County property also includes some facilities (lightly <br />shaded on the map) that would be constructed as part of a future phase. It is anticipated <br />that this would reduce the cost of the Phase 1 sidewalk by more than half, making the <br />funds available for facilities in the park. <br />FINANCIAL IMPACT: There is $715,000 in existing 2001 Parks and Open Space bond funds <br />available (after subtracting the construction drawing and engineering contracts and playground <br />installation). Up to $1.21 million would be available if a 2009 PARTF grant were approved. <br />Sidewalk construction in the modified scenario proposed by staff above would be approximately <br />$50,000, as opposed to $150-170,000 for the entirety of the two parcels. <br />RECOMMENDATION(S): The Manager recommends that the Board authorize staff to <br />continue to proceed with development plans for Fairview Park, re-apply for a PARTF grant in <br />January, and solicit construction bids to allow for the possibility that grant funding may or may <br />not be received. In addition, the Manager recommends that the Board approve the scenario for <br />modifying the Conditional Use Permit as identified herein, and authorize a survey to create a <br />10-acre exempt plat, as shown on the attached map, which will reconfigure the property lines <br />within the park, and allow sidewalk construction to be modified to match Phase 1 of the park. <br />