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HomeMy WebLinkAboutAgenda - 08-04-1997 - 8m S 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4, 1997 Action Agenda Item#-6--M SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Economic Development Districts Design Manual Article 2.1 - Development Areas (I-85/Hwy. 70 EDD) Article 3.3 - Circulation and Parking (NC 751 Connector) DEPARTMENT: PLANNING PUBLIC HEARING—X—Yes No BUDGET AMENDMENT REQUIRED Yes–X—No ATTACHMENT(S): INFORMATION CONTACT: Proposed Amendment Mary Willis 5/27/97 Public Hearing Minutes Extension 2583 7/2/97 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To consider a proposed amendment to eliminate all references to an extension of NC 751 between U.S. 70 and 1-85 in the Economic Development District Design Manual. BACKGROUND: On March 18, 1997, the Board of Commissioners adopted a Resolution requesting deletion of the NC 751 connector between US 70 and I-85 from the Durham-Chapel Hill-Carrboro (DCHC) Urban Area Thoroughfare Plan. The connector is referenced in maps and text pertaining to the I-85/U.S. Hwy. 70 Economic Development District (EDD). The proposed amendment eliminates all references to the NC 751 connector in the EDD Design Manual. The proposed amendment was presented for public hearing on May 27, 1997. There were no citizen comments. . t 2 ,t The Planning Board considered the proposed amendment on July 2, 1997 and recommended approval. The vote was unanimous. RECOMMENDATION: The Administration recommends that the Board of Commissioners close the public hearing and approve the proposed amendment per the Planning Board recommendation. i , 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE Economic Development Districts Design Manual REFERENCE: Article 2.1 - Development Areas Article 3.3 - Circulation and Parking ORIGIN OF AMENDMENT: Staff Planning Board X BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _X_High Middle Low Comment: PUBLIC HEARING DATE: May 27, 1997 PURPOSE: To eliminate references to an extension of NC 751 between U.S. 70 and I-85 in the Economic Development Districts Design Manual. IMPACTS AND ISSUES: On March 18, 1997, the Board of Commissioners adopted a Resolution requesting deletion of the NC 751 connector between US 70 and I-85 from the Durham-Chapel Hill-Carrboro (DCHC) Urban Area Thoroughfare Plan. The connector is referenced in maps and text pertaining to the I-85/U.S. Hwy. 70 Economic Development District (EDD). The proposed amendment eliminates all references to the NC 751 connector in the EDD Design Manual. PROPOSED AMENDMENT: Article 2.1 - Development Areas I-851U.S.Highway 70 District The I-851U.S. Highway 70 Economic Development District extends almost two miles along either side of 1-85 and is located in the Lower Eno River Watershed........ Access to all sites is generally available from U.S. Highway 70, but steep slopes adjacent to some portions of the roadway may make access more difficult. However, with the realignment of Mount Herman Church Road as part of the I-85 widening 4 project aad the p se eK4ors;,,., „f gae dive fiFef D,,..i....,., C,,, FA, ,, accessibility will be gfeatly improved. Potential transit access points are also possible, with locations designated north of the Southern Railroad and on the realigned Mount Herman Church Road near the I-85 interchange. Standards and design criteria for thoroughfare and transit systems are provided in section 3.3, Circulation & Parking.............. Insofar as recreational corridors are concerned, links between Duke Forest and the State Park have been designated along N.C. Highway 751 and the pmpesed Ene Drive, in the Major Transportation Corridor(MTC)buffer extending along I-85, along Old N.C. Highway 10 from N.C. 751 to Mount Herman Church Road, and along Mount Herman Church Road and Pleasant Green Road to the State Park access on the Eno River. These routes are not only reflective of the studies mentioned above but incorporate recommendations of the Regional Bicycle Plan for Durham and Orange Counties. Article 3.3 - Circulation and Parking I-851U.S.Highway 70 District (page 3.3.12) In the I-85/U.S. Highway 70 area, U.S. Highway 70 has been classified as an arterial road, and Old N.C. Highway 10, Mount Herman Church Road, Pleasant Green Road, and N.C. Highway 751 as collector roads. Specific deficiency analysis data is not available in the Durham-Chapel Hill-Carrboro (DCHC) Thoroughfare Plan other than to note that U.S. Highway 70 will be over capacity by the year 2000. As noted in section 2.1, Development Areas, Mount Herman Church Road is being realigned as part of the I-85 widening. A 24-foot pavement in a 60-foot right-of- way is proposed. However, Mount Herman Church Road has been recommended as a bicycle route in the Regional Bicycle Plan for Durham and Orange Counties. The addition of four feet to each side, resulting in a 32-foot pavement, will assure that bike lanes are provided as part of the improvements. The same condition exists with Old N.C. Highway 10 and Pleasant Green Road. Both roads have 20-foot pavements in 60-foot rights-of-way, and both roads are part of the bicycle system recommended in the Regional Bicycle Plan. The preferred cross-section for these roads is a 24-foot roadway with a four-foot bike lane on each side. As part'of the I-85 widening project, improvements will be made to U.S. Highway 70 at the interchange; e.g., expansion to a four-lane divided facility, including two 12-foot travel lanes in either direction. Given the deficiency noted for U.S. Highway 70 by the year 2000 , the preferred cross- section for that road is an extension of the four-lane divided facility. 5 .i1 fi...,t ther-eughfar-e e oEA noted seetion 2.1 the a > n The west°"" to,.....;„„s of the fouf 1.,„o F r;l;t.. . „la be at a new jfi4@mh&Hge _ Oat T 45 ap ^tely1,000f Pei—fiyest of the Durham Cquflt�, line. in tahe—PCIIG .9. Highway 70 iffi-mediately aer-ess gh . Bike lanes are r�epesed as pait-e€the a Drive pFej ert; egg€etf feet lanes on edge of e-eutside vehiele-4favel lane. in additieft,-Alm 14ighw"-7 r is anothef thefoughfafe designated ., the Regi,na n;,, t Plan as a bike r-eu4e. If the r a Priye p Y J eet is e to«aoa to U.S. Hi.L :ay 70, th bike 1 a L d_d eemeet-v4th these pr-epesed fer- Highway 75 6 ,. A RESOLUTION REQUESTING DELETION OF THE NC 751 CONNECTOR FROM THE DURHAM-CHAPEL HII,Lr-CARRBORO URBAN AREA THOROUGHFARE PLAN WHEREAS, the Durham-Chapel Hill-Carrboro Urban Area Thoroughfare Plan depicts the northward extension of NC 751 to connect US 70 with I-85; and WHEREAS, the State-Municipal Thoroughfare Plan mutually adopted by the City of Durham on November 18, 1991, and by the North Carolina Board of Transportation on January 10, 1992, for the Durham Thoroughfare Planning Area as required by North Carolina General Statute 136-66.2 likewise depicts the northward extension of NC 751 to connect US 70 with I-85; and WHEREAS, a proposal to construct an extension of NC 751 to connect US 70 and 1-85, as well as an I-85 interchange, was discussed by NCDOT in early 1995 in conjunction with the discussions concerning the closure of I-85 exit 172; and WHEREAS, on January 16, 1995, the New Hope Creek Advisory Committee discussed the proposed I-85 interchange and connector road at NC 751 and identified as concerns the possible impacts on: 1) The NC 751 Scenic Road; 2) The Duke Forest research lands west of NC 751; 3) The New Hope Creek Corridor and tributaries including Mud Creek and Sandy Creek; and WHEREAS, on February 1, 1995, the Orange County Board of Commissioners in correspondence to Mr. H. Franklin Vick,North Carolina Department of Transportation, indicated that the Board would not support the extension of NC 751 and related projects until concerns regarding adverse environmental impacts on the New Hope Creek Corridor and the surrounding area were addressed to the Board's satisfaction; and WHEREAS, the Board continues to share the concerns articulated by the New Hope Creek Advisory Committee and others concerning adverse impacts to the environment if the NC 751 connector were to be constructed; and WHEREAS, the Board is responsible for developing both general and specific plans to promote the orderly growth and development of the area within Orange County; and WHEREAS, it is the responsibility of the Board, when overseeing the implementation of these plans and the expenditure of taxpayer dollars, to do so with foresight, thoughtfulness and sensitivity to the long-term quality of life of all of the citizens of Orange County; 7 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Orange County Board of Commissioners requests the removal of the NC 751 connector between US 70 and I-85 from the Durham-Chapel Hill-Carrboro Urban Area Thoroughfare Plan that• was adopted on October 2, 1991 by the Durham-Chapel Hill-Carrboro Transportation Advisory Committee. 2. The Orange County Board of Commissioners requests the removal of the NC 751 connector between US 70 and I-85 from the State-Municipal Thoroughfare Plan mutually adopted by the City of Durham on November 18, 1991 and by the North Carolina Board of Transportation on January 10, 1992. 3. The Orange County Board of Commissioners requests that the NC 751 connector between US 70 and I-85 be eliminated from consideration for any new or updated thoroughfare plans for the City of Durham or Durham-Chapel Hill-Carrboro Metropolitan Planning Organization. 4. The Orange County Board of Commissioners will forward a copy of this resolution to the Honorable James Hunt, Governor of the State of North Carolina, the Secretary of the North Carolina Department of Transportation, the members of the Orange Legislative Delegation, the Mayor of the City of Durham, and the Chair of the Transportation Advisory Committee for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization. This, the 18th day of March, 1997. William L. Crowther, Chair Orange County Board of Commissioners t 8 . cv Alp ;�, •t l "i OoA CTS too a S w r Y y G1 v N d � ems , •a p C6 N p m eta �.•p ";' t/� �J s's re 0 eL o � -��.• a:`' �+ H � '�lro d y CZ y W 9 i : wo d Q. tisso da 06o INS ILIA fA Cis 2 za NN toro t. t �t tt 5/27/97 Public Hearing Minutes 1p 1 2 ,lure Haas, a resident of this area, indicated that the residents of this neighborhood have worked hard to 3 have the Economic Development District established and to have the proper zoning applied. They thought that this 4 change had already occurred. She requested that the Board of Commissioners adopt this change. 5 6 A motion was made by Commissioner Halkiods, seconded by Commission Brown, to refer this item to the 7 Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. 8 VOTE: UNANIMOUS 9 2) Allowing Existing Residential Uses 10 • Article 2.2 Permitted uses 11 The item was presented by Emily Cameron in order to receive citi¢en 12 comment on a proposed amendment to allow existing residences as a permitted use in all Economic Development 13 Districts. According to the permitted use table in the Economic Development Districts(EDO)Design Manual, 14 residential uses are not permitted in the Primary Development Area,except for the Primary Overlay in the 1-40/Oid 15 86 EDO. The purpose of the Economic Development Districts is to provide kxtations fir a wide range of non- 16 residential uses, including light industrial,distribution,office, service and retail. Residential use is allowed in 17 Secondary Development Areas and the Primary Overlay,which serve to buffer the EDOs from adjacent residential 18 districts. 19 20 C01A111AENTS"IVOR QUESTIONS FROM THE BOARD OF COMIIMONERS: None. 21 22 C0tiMl ENTS A110M QUESTIONS FROM THE PLANMG BOARD! None. 23 24 COIMIEWM ANDIOR QUESTXMS FROM CITIZENS: None. 25 26 A motion was made by Commissioner Carey, seconded by Commissioner Brown,to refer this item to the 27 Planning Board to be returned to the Board of Commissioners no sooner than August 4, 1997. 28 VOTE UNANIMOUS 29 30 3) NC Highway 751 Connector 31 . Article 2.1 Development Anus 32 • Article 3.3.Circulation and Parking 33 This ftm was presented by Planner Mary Willis in order to receive citizen 34 comment on a proposed amendment to ell, Mab all references to an extension of NC 751 between U.S.70 and I- 35 85 in the Economic Development District Design Manual, On Mandl 18. 1997.the Board of Commissioners adopted 36 a Resolution reques;*V deletion of the NC 751 connector between US 70 and t-M from the Durham-Chapel HllI- 37 Carrboro(DCHC)Urban Area Thorvughb a Plan. The connector is referenced in maps and text pertaining to the I- 38 85/U.S. Hwy 70 Economic Development District(EDO). The proposed amandment eliminates all rekfencas to the 39 NC 751 connector in the EDO Design Manual. 40 41 COMMENTS ANDIOR 9&MBMM ME THE BOARD OF CO ERB: 42 43 Commission Gordon asked for clarification as to whether this also deletes reference to Eno Drive. May 44 indicated that it did because without the connector Eno Drive is not relevant Deleting the reference is not a 45 statement about Eno Ono but rather addresses the tact that without the connector 4 is flat relevant 46 47 Commissioner Condon felt that the t3owd of Commissioners might choose to make a more current 48 statement about Eno Drive sometime in the now future. 49 50 =NNE=_AMOR MMMOM F*QM THE PLANNING ARD: None, 51 52 • None. 53 54 A motion was., by Chair Carey,seconded by Commissioner Gordon,to refer this item to the Planning 55 Board to be rsUTwd to the Soard of Commissioners no sooner than August 4, 1897. 56 VOTE. UNAMMOUS 57 5a 4) Water&Sewer Service(update) 11 7/2/97 Planning Board Minutes According to the permitted use table in the Economic Development Districts(EDD)Design Manual,residential uses are not permitted in the Primary Development Area,except for the Primary Overlay in the I-40/Old NC 86 EDD. The purpose of the Economic Development Districts is to provide locations for a wide range of non-residential uses,including light industrial,distribution,office,service and retail. Residential use is allowed in Secondary Development Areas and the Primary Overlay (applicable only in the I-40/Old NC 86 EDD),which serve as a buffer between the EDDs and adjacent residential districts. Residential use is not included as a permitted use in Primary Development Areas. The rationale for excluding residential as a permitted use was to assure that the Primary Development Areas would remain available,avoiding new residential development incompatible with non-residential development. When the Economic Development Districts were adopted,existing residences in the Primary Development Areas became non-conforming. Non-conforming uses are lawful,but may not be enlarged or modified and may not be replaced if destroyed. The proposed amendment would include existing residences as a permitted use rather than a non-conforming use in all Economic Development Districts. The change to the Permitted Use Table will not result in additional residential development which could be in conflict with the uses allowed in the EDD,since new residences would continue to be prohibited. However,it would allow existing residences to be expanded,modified or replaced,improved,or vacated in the Primary Development Areas until market forces or other factors result in conversion to a permitted non-residential use. The proposed amendment was presented at the May 27 public hearing. No comments were received from the public,the Planning Board,or the Board of Commissioners. The item was referred to the Planning Board for a recommendation to be returned no sooner than August 4,4, 1997. The Planning Staff recommends approval of the proposed text amendment. MOTION: Strayhorn moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. c) Article 2.1 Development Areas(I-85/Hwy 70 EDD) Article 3.3 Circulation and Parking(NC 751 Connector) Presentation by Mary Willis. 12 This item is to consider a proposed amendment to eliminate all references to an extension of NC 751 between U.S. 70 and I-85 in the Economic Development District Design Manual. On March 18, 1997,the Board of Commissioners adopted a Resolution requesting deletion of the NC 751 connector between US 70 and 1-85 from the Durham-Chapel Hill-Carrboro(DCHC)Urban Area Thoroughfare Plan. The connector is referenced in maps and text pertaining to the I-85/US Hwy 70 Economic Development District (EDD). The proposed amendment eliminates all references to the NC 751 connector in the EDD Design Manual. The proposed amendment was presented for public hearing on May 27, 1997. There were no citizen comments. The Planning Staff recommends approval of the proposed amendment. MOTION: Hoecke moved approval as recommended by the Planning Staff. Seconded by Price. VOTE: Unanimous. d) Article 2.4 Environmental Factors (Water Supply and Sewage Disposal) Presentation by Mary Willis. This item is to consider a proposed amendment to update information related to water supply and sewage disposal in the 1-40/01d NC 86 Economic Development District(EDD). Article 2.4 of the EDD Design Manual(Environmental Factors) includes sections on water supply and sewage disposal for each district. Text pertaining to the I40/01d NC 86 District has not been amended since it was originally adopted. The text includes descriptions of planned water and sewer extensions,including scheduled completion dates. The completion dates referenced in the Design Manual have passed. The proposed amendment updates the status of these improvements. The proposed amendment was presented for public hearing on May 27, 1997. Commissioner Halkiotis asked about the status of the water storage tank to be constructed by the Town of Hillsborough. Construction of a 750,000 gallon storage tank began in January, 1997. The tank is located west of the Cornwallis Hills within the corporate limits of the Town of Hillsborough. The proposed amendment has been revised to update information concerning the water storage tank. There were no citizen comments.