HomeMy WebLinkAboutNS ORD-1997-020 Zoning Orrdinance Text Amendment - EDD Design Manual Article 2.1 and Article 3.3 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Auger. 1997
Action Agenda
Item#_atm
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 I-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-851U.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.
2
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.
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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-85/U.S.Highway 70 District
The I-85/U.S. Highway 70 Economic Development District extends almost two miles
along either side of I-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 , accessibility
will be gfea* 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 pEepesed Ene
lie, 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-85/U.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
95 appre-mimmely 1,000 feet west-- ef the Durham Geui#y line. in the PG
Thkqr,qlllph-fa—r-e Plaa,the read is plamed fer-emension to sennest with U.S. Highway
70 i s fie N.G. T1:ghway 751.
U.S.Bike lanes me prepesed as paft of the Efie Drive prejee4i e.g., feuf feet lams s-he
edge of the etAside vehisle tFavel !&as. In eAdWen, N.G. Highway :751 is anethe
Highway 70, the bike laaer, me te be m4eaded 4e
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A RESOLUTION REQUESTING DELETION OF THE NC 751
CONNEC'T'OR FROM THE DURHAM-CHAPEL HILL-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 I-85, as
well as an I-85 interchange, was discussed by NCDOT in early 1995 in conjunction with
the discussions concerning the closure of 1-85 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 continua 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;
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NOW, THEREFORE, BE IT RESOLVED THAT:
I. 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 1-85 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
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1 12:54 80C MgNAGER
5/27/97 Public Hearing Minutes g
1
2 June 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 marls by Commissioner Haikiods, seconded by Commission Brown, to refer this item to the
T 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 Emiy Cameron in order to receive citizen
12 comment on a proposed amandmertt to allow existing residences as a permitted use in all Economic Development
13 Distracts. According to 20 Pem %d use table in the Economic Development Districts(EDO)Design AAanwi,
14 residential uses are not permitted in the Primary Development Aran.except for the Primary Overlay in the 1-40/01!
15 86 EDO. The purpose of the Economic DevNopment Districts is to provide locations for a wide range of non.
16 residentlal uses,including light industrial,distribution,OMice,service and retail. Residential use is allowed in
17 Secondary Development Areas and the Prhrary Ovsnay,which serve to buffer the EDO$from advent residential
18 disfttL
19
20 CQWAEW8AN=g exAMMNs FRAY THIg 90ARD OF CO�IONE82-_Now.
21
• None.
24 CAttl>l .=ANIMOR QjMLjT10N2 FROM CrMEENS• None.
25
26 A motion was made by Commissioner Carey.seconded by Commissioner Brown.to refer this ftm to the
27 Planning Board to be returned to the Board of Contmissiortea no sooner then August 4, 1997.
28 VOTE uwwlMous
29
30 3) NC Highway 791 Connarxor
31 • Article 2.1 Development Areas
32 • Article 3.3.Circulation and Parking
33 This item was presented by Planner Mary Wilt in order W receive a tzen
34 comment on a proposed amendment to 9 n1r+ate aN referenCes to an extension o1 NC 761 between U.S.70 and l-
36 83 in the Econorttic oevebprrrent District Design M artuel. On March IS, 1997.the Board of Commissioners adopted
36 a Resalutieon repusatlnp deletion of the NC 7S1 contactor between US 70 and 146 from the Durhani4hapel H&
37' Canb0r0(DCHC)Urban Area Thoroughfare Plan. The eonn4CW is referenced in maps and bw pertair"to the I-
38 8W.S. Hwy 70 Econwnic Development District(EDO). The proposers amendment eliminates ill referercea to the
39 NC 751 connector in the EDO onign Manual.
40
41
42
43 Commission Gordon astoed tlor dJn Oration as to WhWW this ak0 ddeWs reference to Eno Drive. Mary
44 indittted that it did because without the connector Eno Drive is not relevant Deleting the reference is not a
45 statement about Eno Onve but inthm addresses the tact that without the contractor It Is not relevant.
46
47 Commissioner Cordon felt that the Board of Commissioners nrght choose to make a more current
48 staarrnnt about Eno Oda so nift.ie lo the near future.
49
50 20111111101M AWWR R&MMOM FROM TH9 PtAMM 1111CARM None.
52 20NOEM ANOMR CKMENTICH111 ERM Cr=NS! None
53
54 A..orlon was mode by Chair Carey,seconded by Commiseiorter Gordon,to refer this item to the Planning
53 Board to be returned to to Saw'of Commissioners no sooner than August 4, 199'7.
s8 VOTE: UNANIMOUS
57
5>d 4) Water 3 Sewer Service(update)
7/2/97 Planning Board Minutes 11
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
1-40/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: Strayhom 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 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/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 I-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 I-40/01d 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.
8 - x -97
t19 8 m
hearing and approved the request for a Zoning Atlas amendment from Rural Residential (R-1) to
Residential-4 (R-4) per the Planning Board recommendation.
M. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT
DISTRICT DESIGN MANUAL - NC 751 CONNECTOR
The proposed amendment would eliminate all references to an extension of NC 751
between U.S. 70 and 1-85 in the Economic Development District Design Manual. The County
Commissioners closed the public hearing and approved the proposed amendment per the
Planning Board recommendation.
N. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 2.2.4 PLANNING BOARD
TENURE
The proposed amendment would change the month in which Planning Board terms
expire from February to March. The County Commissioners closed the public hearing and
approved the proposed amendment per the Planning Board recommendation.
O. ZONING ORDINANCE TEXT AMENDMENT - ECONOMIC DEVELOPMENT
DISTRICT DESIGN MANUAL - PERMITTED USES (EXISTING RESIDENCES)
The proposed amendment would include existing residences as a permitted use
rather than a non-conforming use in all Economic Development Districts. The Board closed the
public hearing and approved the proposed Zoning Ordinance text amendment.
P. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 10.3 OFF-STREET
PARKING
This proposed amendment to the Zoning Ordinance would correct a discrepancy
between Article 10.3, Off-street Parking Design Standards, and Article 12.4.1 Required
Landscaping. The Board closed the public hearing and approved the proposed Zoning
Ordinance text amendment.
Q. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
The Board adopted the Residential Anti-displacement and Relocation Assistance
Plan for Orange County.
R. EFLAND ESTATES - DEVELOPMENT AGREEMENT AMENDMENT
The Board approved and authorized the Chair to sign the amendment to the
Development Agreement with Habitat for Humanity of Orange County, North Carolina, Inc. for
the Efland Estates Community Development Block Grant Program.
S. MEMORANDUM RENEWAL WITH NORTH STATE LEGAL SERVICES
The Board approved and authorized the Chair to sign the Memorandum of
Agreement with North State legal Services, Inc. for the provision of legal counseling and
assistance, as required by Title III of the Older Americans Act.
T. RENEWAL OF SHERIFF_ UNC SPECIAL EVENTS COVERAGE AGREEMENT
The Board approved and authorized the Manager to sign the contract between
Orange County and the University of North Carolina at Chapel Hill for security and the provision
of law enforcement at certain major University events.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
9. ITEMS FOR DECISION - REGULAR AGENDA