HomeMy WebLinkAboutAgenda - 08-20-1996 - IX-C ORANGECOUNTY 1
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 20. 1996
Action Agenda
Item#�(-
SUBJECT: LAND USE PLAN AMENDMENT
CP-3-96 Buckhorn Road Economic Development Activity Node Expansion
ZONING ATLAS AMENDMENT
Z-3-96 Buckhorn Road Economic Development District Expansion
ECONOMIC DEVELOPMENT DISTRICT DESIGN MANUAL AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING Yes_X_No
BUDGET AMENDMENT REQUIRED Yes_X No
ATTACHMENT(S): INFORMATION CONTACT:
Mary Willis
Map of Proposed Expansion Extension 2583
Proposed EDD Design Manual Amendment
Citizen Comments from Information Meetings TELEPHONE NUMBERS:
5/28/96 Public Hearing Minutes Hillsborough -732-8181
6/17/96 Planning Board Minutes Durham -688-7331
Mebane -227-2031
Chapel Hill -967-9251
PURPOSE: To consider expanding the boundaries of the Buckhorn Road Economic Development
District to include area at the southeast quadrant of I-85 and Buckhorn Road.
BACKGROUND: The Board of Commissioners adopted as one of its goals for the 1995-96 fiscal
year the possible expansion of the Buckhorn Road EDD to include area on the
south side of I-85. The total study area considered for inclusion in the EDD is
bounded by Buckhorn Road to the west, West Ten Road to the south, I-85 to the
north and the boundary of the Upper Eno Critical Area to the east. The study
area is now designated in the Land Use Element of the Orange County
Comprehensive Plan as a Commercial/Industrial Activity Node, which allows
property owners to request rezoning to certain commercial and industrial zoning
districts. Property included in an Economic Development District will not need
to be rezoned at the time of development if it is developed in accordance with the
Economic Development District Design Manual.
Expansion of the EDD west of Buckhorn Road, south of I-85, will be
considered after obtaining input from Mebane concerning cooperative planning
efforts.
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Input from Community Meetings
Community meetings to discuss the possible expansion of the Buckhorn Road
EDD were held on March 12 and April 23, 1996. Notices of the meetings were
sent to about 200 property owners. Twenty-seven citizens attended one or both
meetings. A summary of their comments is attached. Most of the comments
related to effects on the existing residential character, and the extension of water
and sewer service.
• Some of the group supported expansion of the EDD and the rezoning of their
property.
• Some of the group did not want to see any change to the residential character
of the area, and indicated that they would support changing the Land Use
Plan designation to allow only residential use.
• Others were not opposed to non-residential development, but wanted some
assurance of when development would occur before rezoning the property.
They did not want to lose the potential for residential development if it would
be a long time before non-residential development would happen,
• There was considerable discussion about water and sewer extension. Several
believed that the County should extend water and sewer to the area in order
to attract business.
A summary of comments and questions from each meeting is attached.
Water and Sewer
Buckhorn Road is the approximate boundary between Haw Creek and Upper Eno
Watersheds. The east side of Buckhorn Road is in the Upper Eno Watershed,
and service by the Efland sewer system would maximize gravity flow. The area
on the west side of Buckhorn Road would best be served by the Mebane sewer
system for the same reason. Only the area on the east side of Buckhorn Road is
proposed to be included in the EDD at this time. The possible inclusion of area
on the west side of Buckhorn Road will be considered at a later public hearing,
after coordination with the City of Mebane on cooperative planning issues.
Inclusion of the area between the I-85 and West Ten in the EDD could result in
more efficient and cost-effective sewer service. Four intermittent streams in the
EDD on the north side of I-85 converge on the south side of I-85 near West Ten
Road. If sewer service is provided only on the north side of I-85, then as many
as four pump stations could be required to convey wastewater to a discharge
point in a gravity section of the Efland sewer system. If sewer service is
planned for both the north and south side, then gravity lines could carry
wastewater from throughout the district to a single pump station in the vicinity
of West Ten. A system which relies on gravity flow to the greatest possible
extent, minimizing the number of pump stations needed, would be more cost
effective, even considering that the gravity lines would need to be extended
underneath I-85.
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A major concern raised at the public information meeting held for area residents
on March 12, 1996 concerned the lack of existing infrastructure as an incentive
for development. Although all of the Economic Development Districts are
expected to develop over a number of years, there were concerns with value in
the near future, since residential development would no longer be an option.
Impacts on Neighborhood
Staff has identified 17 single-family residences and mobile homes within the
boundaries of the proposed expansion. Clearview Subdivision, approved in
1994, is the only subdivision located on the north side of West Ten, and is not
proposed to be included in the EDD. Five of the subdivision's 30 lots have been
developed. A resident of the subdivision was concerned with impacts of the
EDD on the neighborhood, as was the owner of the adjoining mobile home park.
Several property owners in the portion of the Study Area near Mt. Willing Road
and West Ten indicated that they preferred maintaining the existing residential
character of the area. Most of those individuals owned property in the Critical
Area of the Upper Eno, which would not be included in the EDD.
Existing Commercial Uses
Two existing commercial uses have been identified in the vicinity of the
proposed expansion. These uses include a service station and a flea market, both
of which are bounded by I-85 to the north.
The owner of the service station has requested that his property be excluded from
the district. (see attached letter). The parcel contains 2.6 acres, a portion of
which is zoned NC-2. Inclusion of the parcel in the EDD district would
increase the minimum setback from Buckhorn Road from 50 feet to 100 feet,
rendering the existing structure more non-conforming. Service stations, allowed
by right in the NC-2 district, would require approval of a Class A Special Use
Permit if the property were included in the EDD. The property owner has plans
to remodel or expand the business, and has requested that the property retain its
current zoning of NC-2 and R-1.
The flea market is located on a 110-acre parcel. The property is currently zoned
R-1, which does not include retail sales as a permitted use. The existing non-
conforming use would become conforming if the property were included in the
EDD.
May 28, 1996 Public Hearing
The proposed expansion or the Buckhorn Road EDD was presented for public
hearing on May 28, 1996. Two citizens spoke. One speaker was a property
owner who indicated that he supported the EDD expansion and wanted his
property developed for a use which would provide good-paying jobs. The other
speaker represented the owners of the service station located at the southeast
corner of Buckhorn Road and I-85, and requested that that property be excluded
from the EDD. Inclusion of the property in the district would increase the buffer
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along Buckhorn Road from 50 feet to 100 feet, and would require that service
stations receive Special Use Permit approval from the Board of Commissioners.
There were also questions from the Board of Commissioners concerning the cost
of providing sewer service to the district. A cost estimate prepared by the
County Engineer is attached.
The Planning Board considered the proposed expansion of the EDD on June 17,
1996, and recommended approval of the following by a 6-1 vote (minutes
attached).
1) Designate the 587-acre area shown on the attached map as EDD Primary
Development Area, subject to the same set of permitted uses as the
portion of the EDD on the north side of I-85. The area of the
recommended expansion is bounded by Buckhorn Road to the west, West
Ten Road to the south, I-85 to the north, and the boundary of the Upper
Eno Critical Area to the east, excluding Clearview Subdivision and the
adjacent mobile home park, and the 2.6-acre parcel containing the existing
service station at the southeast corner of Buckhorn Road and I-85.
2) Provide a 150' buffer around the perimeter of the Clearview subdivision
and adjacent mobile home park. (A 100' buffer is required on the
remainder of the perimeter by the standard provisions of the EDD Design
Manual.)
3) Update the EDD Design Manual to include reference to and general
discussion of the expanded area. The only proposed change to the
existing design standards is the inclusion of a 150-foot buffer around
Clearview Subdivision and the adjacent mobile home park.
RECOMMENDATION: The Administration recommends approval of the expansion of the
Buckhorn Road Economic Development District per the Planning
Board's recommendation described in 1), 2) and 3) above, with the
exception of the 2.6-acre parcel containing the existing service station at
the southeast corner of Buckhorn Road and I-85. The Administration
recommends that the decision with regard to that parcel be tabled in order
to further consider the impact of the EDD on the existing service station
and its proposed expansion.
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PROPOSED REVISIONS TO THE ECONOMIC DEVELOPMENT
DISTRICT DESIGN MANUAL
Section 2.1 Development Areas - Schematic Plans
I-85 Buckhorn Road District
The I-85Buckhom Road Economic Development District is comprised of
380 845 acres located on the northeast and southeast guadr nts-c�of
the interstate interchange. This acreage is distributed among the three
principal land use categories in the schematic plan as follows:
Primary Development Area 229 65_6 Acres
Open Space Area -514 1_Q Acres
Rights-of-Way 29 Acres
Access to interior of the northern portions of the district is proposed
through the extension of a service road being constructed as part of the I-
85/I-40 widening. The service road will terminate on the west side of
Buckhom Road, and any collector road extended to serve the district must
align with it.
All of the lots in the southern quadrant have direct frontage on either West
Ten Road or Buckhom Road. The number of access points onto
Buckhorn Road and West Ten Road should be minimized by creating
internal access roads where possible. The extent to w ich internal access
roaIs are feasible.and the points at which internal roads would in ersect
with West Ten. will depend in part on which lot(s) is(a first
developed. and how lots are combiners as development occurs
Transit access is also proposed through a seal -lesaed park-and-ride
lot or similar facility located in the northern Quadrant- with access to both
rail and thoroughfare systems. A sidewalk along Buckhorn Road to
-- provide access between the transit station and the southern quadrant will -be needed. Design criteria for these systems are presented in section 3.3,
Circulation and Parking.
Land uses in and adjacent to the district range from single-family
residential to a variety of non-residential uses. The Southern Railroad
crosses the district as does a Duke Power transmission line and a Public
Service Company gas pipeline. The area is also served by the Orange-
Alamance Water Corporation, and sewer service would be available
7
through extension of the Efland sewer system owned by Orange County.
Because the district is bordered or bisected by so many transportation and
utility systems,the entire district has been designated as Primary
Development Area.
The district is characterized by gently rolling topography with few
building constraints. However, soils unsuited for development are found
along intermittent streams which flow south beneath I-40/1-85 to join
Seven-mile Creek, a tributary of the Eno River. Because of its location
on the western edge of the Upper Eno Watershed, land uses in the district
are subject to watershed protection standards governing impervious
surface and the control of stormwater.
The total amount of impervious surface covered by buildings and parking
lots is limited to 70%of a building site. As shown on the schematic plan,
stormwater control for multiple sites may be provided through
construction of several detention basins. located along individual streams
draining the district,particularly on the north side of the interstate(as
shown on the schematic man). Alternatively, larger. single detenrio_n
basin could be constructed on the south side of I-85 at or below the
confluence of the streams. Detention basins may also be constructed on
individual sites. Impervious surface limits and standards for detention
basin construction and maintenance are discussed further in Section 2.3 -
Land Intensity and Appendix C - Wet Detention Basin Standards.,
respectively.
Section 2.4 Environmental Factors
I-85/Buckhorn Road District
The I-85 Buckhorn Road Economic Development District has three
potential service providers-the Orange-Alamance Water Corporation,
Orange County(through the Efland sewer system), and the City of
Mebane.
Water Supply. Service to this District is available from the Orange
Alamance Water Corporation by-way-of an existing 12-inch water line
along U.S. Highway 70. From this distribution main extend the following
lines:
6-inch water line West side of Buckhorn Road from U.S. Highway 70
to south side of Southern Railroad
S
3-inch Water Line West side of Buckhorn Road from south side of
Southern Railroad to I-85
2-inch and 12-inch water lines From U.S. Highway 70 down
Redman Road to south side of
Southern Railroad
Extending the 12-inch water main along U.S. 70 to the approximate center
of the northern quadrant of the District would cost approximately $62,500.
This cost includes 2,000 linear feet of 12-inch ductile iron water line at
$25 per linear foot plus contingencies and engineering costs (25%).
Another potential provider is the City of Mebane (Graham-Mebane Water
System) through an existing 12-inch water main which terminates at the
Pak-Lite plant on Washington Street south of the Southern Railroad 0.3
mile from Buckhorn Road.
Sewage Disposal Orange County's Efland sewer system has an 8-inch
gravity line on the north side of U.S. Highway 70 which terminates 400
feet west of Richmond Road. Any service west or south of that point
would have to be pumped, and flows of up to 100,000 gallons per day
(GPD) could be accommodated in that line. Plants with flows of greater
than 100,000 GPD would have to pump farther to the east to a section of
12-inch gravity sewer line.
- The four intermittent streams in the northern quadrant flow south
underneath I-85 and converge in the southern quadrant of the EDD
Sewer construction which will occur as the EDD develops should rely to
the extent possible on gravity flow in order to minimize the number of
pip stations and associated costs by the use of gravity lines along the
intermittent streams in the north Quadrant. and underneath 1-85 to West
Ten Road. A single upp_station near the stream crossing at West Ten
couId then convey wastewater from the entire EDD to a gravity section o
the Efland sewer system.
Otherwise,several pup stations could be necessary in the northern
Quad=of the EDD because the 1==phy there generally runs
pc4=dicular to the grayity sewer on Higj=70
Cost estimates for constructing a gra3djv system along the streams and a
pump station at West Ten may be developed to determine potential
funding scenarios.
.
9
Sewage flews te the ptmT statien weuld then be pumped by way of
fnree main ..1eng U.S., vigh :7n to a >, + the E
lasWiMien of the pump
.,+.15, $296,250. This ecs+-c i61ndes 6,000 linear-r_._ ri - h
> $100,000 GPD pump
station with stand by gener-ater-at$125,900, Pitts eentingeneies and
0
Section 3.2 Landscape Design
Buffering Neighboring Uses
Well-designed landscape treatments lessen adverse visual impacts between
different types of land uses, reduce noise levels, increase privacy levels,
and mitigate effects from fumes, glare, and vibration.
To create transition between neighborhoods and areas of differing
development intensities, and separate incompatible land uses, a buffer of
100 feet in width_(except where otherwise .A .r ifie �is to be provided at
the boundary of the Economic Development District as well as between
Primary and Secondary Development Areas within the Districts.
- In the Buckhorn Road Economic Development District a buffer of 150
feet is required on the portion of the bound= adjacent to the Clearview
Subdivision and g4-joining residential area on the north side of Wet Ten.
Section 3.3 Circulation and Parking - Thoroughfare Planning
I-85Buckhorn Road District:
Aside from I-85/1-40,wie�=roads have been included in the Orange
County Thoroughfare Plan.
s- U.S Highway 70 has been classified as an arterial road. It has a 22-
foot pavement width(two lanes) located in a 60-foot right-of-way. It is
currently capable of handling 8,500 vehicles per day and had an
average daily traffic volume of 4888 4.400 vehicles per day in 4-487
1c By the. e «20 n tm ffi. e the read is e eetea to «s e 7 500
iFehieles pef-day-
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• West Ten has been classified as collector road_ It has a 20 -foot
pavement width(two lanes) located in a 60-foot right-of-M=, It is
currently capable of handling 7500 vehicles ner day and had an
average daily traffic volume of 1200 vehicles per day in 1994
• Buckhorn Road has been classified as collector road It has a 20-foot
pavement width (two lanes) and is currently capable of handling 7500
vehicles per day and had an average daily traffic volume of 550
vehicles per day in 1993.
Although the roadway and right-of-way width are considered adequate to
handle the projected traffic,the widening of Buckhorn road to a 24-foot
pavement width is preferred to matching the cross-section being installed
as part of the I-85 widening, Grade crossing improvements at the
Southern Railroad are warranted.
eyed M—im-Fadii &r-easier-and trusk Paming-mevement are-alse
waFFat#ed at the U.S., :70-11—Buc-k-h-e -iffter-seetion Also warranted are the
installation of turn lanes and improved turn radii for easier and safer truck
turning movements at the intersections of U.S 70/Buc c om Road
Buckhorn Road/West Ten Road, and West Ten Road/Mt. Willing Road.
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SOUTH BUCKHORN ECONOMIC DEVELOPMENT DISTRICT
Comments from March 12 Community Meeting
Efland-Cheeks Community Center
• What if property owner wants to do residential development? Residential value of property is being
taken away, yet the County is doing anything to get new businesses here, and it will be a long time
before the property has any commercial or industrial value.
• Water and sewer needs to be extended first. Without it, no development will occur.
• Who will pay for water and sewer?In other places, towns and counties pay for extending services to
attract industry. We need a plan to develop water and sewer so that businesses will come.
• If a good industry were to want to locate in Orange County,then the Board of Commissioners would
work to get the water and sewer to the site.
• Several property owners indicated that they do not want to see any changes, and want the area to
remain residential,and would support changing the Land Use Plan designation to residential so that
business would not be allowed at all.
• The Board of Commissioners should make NCDOT build retaining walls or other types of buffers to
protect adjacent property from the impacts of widening I-85.
• Orange County already has high taxes and impact fees. It should go ahead and extend water and sewer
so that property owners would get more for their tax money.
• Uses such as shopping centers would be good at the interchange of Buckhom and Mt. Willing Roads.
This would be compatible with and help residential development farther down West Ten Road.
• Property owner with 1400 feet of frontage on 1-85 would like to be able to sell to an employer who
would pay good wages.
• Residents who have lived in the area a long time do not want to see any changes.
• Residents need to be able to work near their homes and not travel a long distance into another county
to work.
• What is Orange County doing to promote economic development?
• Will tax value increase if property is rezoned? Would like to see written assurance from Assessor that
tax is based on use value,not just on zoning district.
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• Need to have water and sewer on the north side of I-85 east of Mt. Willing Road (Sim Efland) in area
shown as Critical Area for Seven-mile Creek. Water and Sewer was supposed to be extended there 10
years ago. It should not be designated as Critical Area. Water is needed there as well as in the rest of
the County.
• Would the flea market at Buckhorn/I-85 still be non-conforming?
• Need to get rid of planners and buy backhoes to extend water and sewer.
• Who bought Kirkpatrick land and why? (Discussion indicated that area was leased for hunting
purposes).
• Property owner wants to be able to create new residential lots (small number).
• Clearview homeowner was surprised to learn that the current Land Use Plan designation would allow
the property to be rezoned to commercial or industrial use. She was not aware of that when she
purchased the property. She expected that it would remain rural, and does not want to see any
changes.
Straw poll: about 1/3 do not like idea of expanding EDD. (most owned property within the WQCA
and would not be included in the district)
about 1/2 wanted to continue the process of developing an EDD.
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SOUTH BUCKHORN ECONOMIC DEVELOPMENT DISTRICT
Comments from April 23, 1996 Community Meeting
Planning and Agricultural Center
Height limit for signs is too restrictive along interstate.
What are interior setbacks?
What uses would be permitted?
What are plans for water and sewer extensions?
There should be lower impact uses(secondary area)around Clearview. 150' buffer is not enough.
What role does EDC play in marketing lots?
What are reasons for including small lots in the EDD?
What if property owner wants to include or remove property from EDD later?
Water should be extended from Mebane Oaks Road West Ten and down West Ten to Hillsborough.
14
Hatch, Little & Bunn, L,j p.
Harold W. Berry,Jr. J.Wilbur Bunn(1882-1969) Attorneys at Law
Thomas D.Bunn William T.Batch(1905-:979)
Tina L.Frazier lames C.Little(1917-1977)
Rubin M. Hammond
John N.McClain,Jr. 327 Hillsborough Street
David H.Permar Post Office Box 527
A.Bartlett White Raleigh, North Carolina 27602
Douglas Q.Wickham 9191656.3940
William D.Young IV Fax 919/856.9950
April 25, 1996
Ms . Mary Willis
Orange County Planning Department
306F Revere Road
Hillsborough, North Carolina 27278
Re: Proposed Expansion of the Buckhorn Road Economic
Development District
Dear Ms . Willis :
As we discussed when I visited your office on April 22, I
represent Venture Capital Group - Project No. 4 which owns a two
and one half acre site in the southwest intersection of Buckhorn
Road and I-40/85. Since the 1960s, the site has been occupied by
a service station dispensing petroleum products, selling
convenience food items, operating a repair facility and a towing
and wrecker service. As the I-40/85 expansion project is completed
in this vicinity, the property owner desires to upgrade and
renovate the facility, including a possible expansion of highway
services that are typically available at interstate exchanges . The
site is currently zoned NC-2 . The property owner has asked me to
review the Economic Development District proposal and determine
what the best approach is considering the present and future
development of the site.
While we certainly think that an Economic Development District
is appropriate for this area, an economic development district is
designed primarily to preserve large acreage tracts for industrial
park type development. Due to the increased buffers and higher
development standards, it can be counter productive, and indeed
prohibitive- on a- small- acreage --tract developed --for_ interstate- - -
highway services . For example, current zoning on the site only
requires a 50-foot buffer on Buckhorn Road. The proposed EDD would
require a 100-foot buffer. In addition, while most highway service
businesses are permitted as of right in the NC-2 zoning district,
all uses which are appropriate for the site would require a Type A
special use permit under the EDD zoning.
Accordingly, I request that you remove tax parcel number 20A
as shown on the enclosed zoning map from your proposed Economic
15
Development District. As an alternative solution, I request that
you reduce the required buffer from 100 feet to 50 feet along
Buckhorn Road and that you allow "storage and distribution of
petroleum products", "motor vehicle service stations" , "restaurants
(carry-out, drive-in, and general) ", and "retail trade, sales and
rental of durable and convenience goods, merchandise, and
equipment" as a permitted use of right in the Buckhorn Road
Economic Development District. I note that these uses have much
less of an impact than many of the other manufacturing,
transportation and wholesale uses which are currently permitted in
the proposed Economic Development District as a matter of right.
Since there might be some concern that these highway service uses
might not be appropriate throughout the Buckhorn Road Economic
Development District, you could also limit them to within 500 feet
of an interstate highway interchange, thus assuring that they
remain clustered around the interchanges .
I appreciate your assistance in helping me to understand the
Economic Development District proposal. I do intend to appear and
speak at the May 28 public hearing. If you wish to discuss this
matter further, I will be happy to meet with you at any time.
Sincerely yours,
HATCH, LITTLE & BUNN
David H. Permar
DHP/rt
Enclosure
r c: Loren Tompkins
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MEMORANDUM 17
TO: Mary Willis, Planner III
FROM: Paul Thames, PE, County Engineer
DATE: June 6, 1996
SUBJECT: Cost estimate for sewer extension from Efland sewer system to Buckhorn EDD
As per our discussions of the past months, I have developed a cost estimate for the construction of the
major portion of the sewer system network which would be required to serve the extended Buckhorn
EDD. By the extended EDD, I mean a district which would He on both the north and south sides of I-85.
My fundamental sewer layout proposal assumes a design which would include: 1) a wastewater pumping
station located near the intersection of Three Mile Branch(1891 Tate map designated name for Seven
Mile Creek tributary) and Old NC 10; 2) a six inch force main extending from the pump station
northward cross-country under the railroad and Hwy 70 to the western-most point of the gravity section
of the Efland sewer system(a manhole lying in the northern right-of-way of Hwy 70 just east of
Redmond Road); 3) a series of six eight inch diameter gravity sewer collector lines extending from the
pumping station to the west, north west and north along the tributaries to Three Mile Branch. Four of
the gravity sewer collectors would be extended under Interstate 85 to just south of the railroad. One
collector would extend to just south of I-85 and the last collector would be extended almost due west to
near Buckhorn Road.
The proposed layout is shown on the attached scan of a map of Orange County. Before scanning, the
map scale was 1" =4000' but, as the scanned version was enlarged during the photocopying process
prior to scanning, its current scale is not known. It is possible that cumulative sewer line quantities
acquired by doing a quantity take-off from such a small scale drawing could be in error by as much as
` 1000 feet. In any event, I have derived a total construction cost estimate of$2,000,000 to $2,500,000.
That estimate, at least the low end, is broken down as follows:
8" gravity sewer line DIP (ductile iron pipe) 20,000 linear feet @ $50.00 per foot = $ 1,000,000
6" force main DIP 5000 linear feet @ $25.00 per foot = $ 125,000
16" steel bore casing(hwy crossing) 1200 linear feet @ $100 per foot = $ 120,000
12" steel bore casing
(hwy and railroad crossing) 150 linear feet @ $80 per foot = $ 12,000
300,000 gpd(gallons per day)pump station
with standby power generation 1 @ lump sum - = $ 150,000
Miscellaneous clearing, grubbing, seeding,
erosion control, mobilization 1 @ lump sum = $ 150,000
Engineering, surveying, easements, legal,
administrative, contingencies 1 @ lump sum(+/-25%) = $ 443,000
Total Estimated project costs $ 2,000,000
If I may provide additional information or clarification, please advise.
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7
ORANGE COUNTY BOARD OF COMMISSIONERS 19
AND ORANGE COUNTY PLANNING BOARD
MINUTES
MAY 28, 1986
The Orange County Board of Commissioners met in joint session with the Orange County Planning
Board on May 28. 1996 at 7:30 p.m. in Superior Courtroom, Hillsborough, North Carolina.
COUNTY COM ISSIONERS P ER ENT Chair Moses Caney, Jr., and Commissioners
William L. Crowther,Alice M. Gordon, and Don Wttthoit
COUNTY ComMil S810NER ABSENT• Commissioner Stephen H. Halkiotis
P eHNING BO RD MEMBERS PRESENT: Chair Joan Jobsis and members Paul Hoecke,
Karen Barrows, Elizabeth Walters, S.A.M. Brooks, Cheryl A. Howie, Renee A. Price, Arnie Katz, Cherie
Rosemond, Leo Allison, Margaret Brown and Robert Strayhom
S',OUNTY ATTORNEY PR WNT• Geoffrey Gledhill
GO
UN MFF PRESFNTs County Manager John M. link,Jr., and Clerk to the Board Beverly A.
Blythe(All other staff members will be identified appropriately below)
i2P.ENING REMAM FROM]HE CHAIR
Chair Carey welcomed everyone to the meeting and outlined the procedure for presenting items and
receiving public comment.
B. PUS CHARGE
Chair Caney dispensed with the reading of the public charge.
s. PUS HKA M G EMMA
1. Public Schoo11 Impact Fee Ordinance
Geoffrey Gledhill presented the information as included in the agenda.
2. Comprehensive Plan Amendments
(a) CP•2-06 Stoney Crack Basin Small Area Plan
Planner Gene Bell presented the information as stated in the agenda.
(b) OP-3-95 Buckhorn Road Economic Development District Expansion
(3b) Z-3-96 Buckhorn Road Economic Development District Expansion
(4d) Economic Development District Design Manual
Planner Mary VY08 said that one goal of the Board of County Commissionem for 1996-
96 was to look at the possibility of expand the Economic Development District at Buckhorn Road. The
existing district is on the north side of 1145 and contains about 300 acres of land for primary development
The area tt'mey baked at for proposed expansion is on the south side of 1-85 and bounded by Mt Willing
Road,West Ten Road, Buckhorn Road and the Interstate. All property owners within the area and outside
of the area were invited to attend meetings to voice their concerns.Two of the concerns were the provision
of water and sewer for this area and a desire to maintain tie neighborhood existing residential character of
the area. Other concerns are meted in the agenda. Mary Willis showed on a map the area being proposed
for this Economic Development District. Two developed areas would be ex*xMd from the district and the
buffer would be expanded from 100 feet to 150 fleet around these areas.
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• Commissioner Gordon asked about the reference to sewer disposal on page 65 of the
agenda. Mary Willis explained that Buckhom Road forms the ridgeline as the boundary between the Haw
Creek Watershed and the Upper Eno. All of the drainage within the district is suitable to be included in the
Efland sewer system. Gravity Flow could accommodate all the corridors leading to one pump station which
would pump up to Highway 70.
County Engineer Paul Thames said that it would be less expensive to just develop the
northern section and put in four or five pump stations. However, pump stations are mechanical and prone to
failure. The overa*best design is to have one pump station with everything going to it by gravity which is not
the cheapest cost initially. He noted they would hope to find industry with low water use.
In answer to a question from Commissioner Gordon about allowing residential development
while waiting for this area to develop. Mary Willis said that allowing residential development of any large tract
would defeat the purpose of the district.
Ted Abernathy stated that development will probably not happen in this area for another ten
years of more. What they are trying to do is to put safeguards in this area by using the guidelines for
Economic Development Districts. This zoning would restrict subdivisions in this area.
Planning Board Member Renee Price asked if the support in this area is mostly to leave it
residential or to designate it as an Economic Development District. Ted Abernathy said that when the
County was doing Comprehensive Land Use Planning, it was decided that some land needed to be set aside
for non-residential uses and this area was chosen. It is near an interstate and close to water and sewer
which make it a prime area for non-residential use.
Planning Board Member SAM. Brooks said that she supports this type of planning and feels
that these areas will eventually attract industry. She feels that the only reason there is not industrial growth
in this area is the unavailability of water and sewer. She feels the County needs to pursue providing these
services.
Commissioner Wilhoit stated that the County has limited land designated for commercial and
industrial purposes and this is a strategic location along an interstate. Residential development would
preempt long-range planning because residential development can go in without public water and sewer.
The County has the ability to extend the Efland sewer line to this area and he supports moving ahead with
this project. This is the same situation with the Economic Development District at Old NC86.
Joan Jobsis asked about the timeline for the availability of water and sewer into this area.
Paul Thames indicated that they have looked at a basic sewer design. However, no easements or
construction plans have been done. John Link stated that there are ways to partner with private business,
primarily through the State's economic development block grant pro cess. Another issue is whether or not
the County wants to make the Efland sewer system economically feasible. Right now the fees would not
provide enough monies to expand the system.
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
OWEN ALLMN spoke in support of the Economic Development District. He owns property in this
area and wants to develop it in such a way as to attract a business that would provide good jobs for local
cit¢ens. His intention is to attract business that would`pay a living wage"to its employees.
DAVID PERMAR asked that the area where the Amoco Station is located on Buckhom Road be
excluded from the plan. He is concerned about the impact the Economic Development District would have on
making renovations. He supports an Economic Development District but not for services such as motels,
restaurants and those types of businesses. He suggested moving another 500 feet down Suckhom Road
and excluding a Me more area dose to the interchange that would not be included in the Economic
Development OfstrieL The other alternadve would be to-reduce the setback along.Buckhom Road to 50 feet
which it already is and let service station type uses be permitted as a matter of right. He noted that most
uses would have to go through a special use permit process.
A motion was made by Commissioner VVfllhoit, seconded by Commissioner Gordon to refer
this item to the Planning Board for a recommendation to be returned to the Board of County Commissioners
no sooner than August 5. 1996.
VOTE: UNANIMOUS
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Planning Board Minutes , 6/17/96
21
Green and US 70 and that information will be sent to the different
agencies to determine who will provide services for the preliminary plan process.
Price continued asking why access to Pleasant Green Road rather than Craig Road.
Willis responded that Map 26 is in Orange County's jurisdiction. Craig Road is in
Durham County. If access were not onto Pleasant Green Road,emergency vehicles
would have to go into Durham County to enter the subdivision. This would establish
a more direct route. Price noted that she had no problem with lots 1 and 31 having
access to Pleasant Green Road. Willis responded that the Subdivision Regulations
specify that on an arterial collector,which Pleasant Green is,that the number of
access points be minimized. If there is a way to reconfigure the lots to minimize
access points, efforts are made to do so. Price noted concern with safety of cars
trying to enter Pleasant Green Road from the driveways. Willis noted that this
could serve as a justification for flag lots; access onto a road of a lesser
classification.
Don Wood,Surveyor and Planner for Talahi Acres, stated that there would be no
problems with driveways;they would be level. He continued that the purpose of the
cul-de-sacs was to enable the drive to follow the natural route through the trees
noting that the lots are good sized lots. The lot sizes are 42,000 to 65,000 square
feet. Willis stated that in order for NCDOT to accept a cul-de-sac for maintenance,
it must have at least 4 lots that have direct access onto the cul-de-sac. There are only
three lots on these cul-de-sacs. The concern of Staff was that the applicant address
this issue at the preliminary plan stage and receive direction from NCDOT.
Jobsis asked if there was a way to word the condition regarding the cul-de-sacs to
give the developer more flexibility. Willis responded that condition#3 could be
worded"to redesign access into the lots in the northeast and southeast comer of the
tract to comply with NCDOT and/or County standards.
r
Barrows expressed concern with the number of driveways and development along a
scenic road.
MOTION: Price moved approval with the change as suggested by Willis to condition#3.
Seconded by Walters.
VOTE: Unanimous.
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING 5/28196
a. Comprehensive Plan Amendments
(1) Buckhom Road Economic Development District Expansion
Presentation by Mary Willis.
Agenda items 9a(1)and 9b(2)were presented together.
These items are to consider the boundaries of the Buckhom Road Economic
Development District to include area at the southeast quadrant of 1-85 and Buckhom
Road.
The abstract information,map and proposed revisions are attachments to these
minutes on pages 1��
{
22
Using a map, Willis indicated the location of the proposed expansion.
The Planning Staff recommends the following:
1. Designate the 534-acre are shown on the map as EDD Primary Development
Area,subject to the same set of permitted uses as the portion of the EDD on the
north side of I-85. The area of the recommended expansion is bounded by
Buckhom Road to the west,West Ten Road to the south, I-85 to the north,and
the boundary of the Upper Eno Critical Area to the east,excluding Clearview
Subdivision and the adjacent mobile home park,and the 2.6-acre parcel
containing the existing service station at the southeast corner of Buckhorn Road
and 1-85.
2. Provide a 150' buffer around the perimeter of the Clearview subdivision and
adjacent mobile home park.(A 100' buffer is required on the remainder of the
perimeter by the standard provisions of the EDD Design Manual.
3. Update the EDD Design Manual to include reference to and general discussion
of the expanded area.The only proposed change to the existing design standards
is the inclusion of a 150-foot buffer around Clearview Subdivision and the
adjacent mobile home park.
Allison asked about the reference to a service road being constructed as part of the
1-85/1-40 widening. Willis responded that it is not being constructed now. It is
proposed as a future means of access into the EDD since there is not access for all of
the lots.
Howie expressed appreciation for the additional 50' buffer around the Clearview
Subdivision and the mobile home park. She continued,expressing concern that new
residents are not made aware that property they are considering purchasing is in a
commercial activity node. She asked what could be done to better inform these
citizens. Willis responded that Staff tries to provide as much information as
possible when calls come in. Staff also tries to anticipate questions that the caller
should or needs to have answered. However,there are times when that is difficult if
not impossible. She noted that there are times when potential buyers and/or real
estate agents come in the office and look at maps and ask questions. She also noted
that Clearview residents were glad of the additional 50'buffer,but she was not sure
that they were completely satisfied.
Jobsis asked when the Clearview Subdivision was approved. Willis responded that it
was within the last two years. Jobsis noted that perhaps the Planning Board could be
more aware of the longer range view for an area so that they could better inform the
public when subdivisions are presented near activity nodes. Willis responded that
expansion of the EDD south of 1-85 was not under consideration when Clear-view
was approved. She also stated that the Land Use Plan designation is routinely
included in the agenda abstract for subdivisions.
Barrows asked what the problems were regarding the gas station since it seemed to
be suitable for an EDD. Willis responded that they could not meet the 100' setback
around the perimeter of the district. In fact,that would take up part of the building.
Another issue involves a procedural issue that requires a Class A Special Use Permit.
The owner wishes to make changes. If they were in the EDD district,those changes
would be subject to a Class A Special Use Permit.
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MOTION: Walters moved approval as recommended by the Planning Staff.
Seconded by Allison.
VOTE: 6 in favor.
1 opposed(Price).
b. Zoning Atlas Amendments
(1) Z-2-96 Neal and Betty Tapp
Presentation by Eddie Kirk.
The property proposed to be rezoned is approximately 4.8 acres out of a 28.46 acre
tract.It is bounded by I40 to the west and Mill House Road(SR 1725)to the east
and is located at the north intersection of these two roads(Tax Map 7.19..p/o2A).
The 28.46 acres tract is currently zoned NC-2(Neighborhood Commercial-2). The
applicant proposes to rezone approximately 4.8 acres of the tract to RB(Rural
Buffer).
The 4.8 acre parcel is undeveloped however the remainder of the tract to the north
contains a store located on NC 86 and a mobile home park which has about 23
spaces. The property directly west is 140 and directly east is Mill House Road(SR
1725)which also contains the University Branch of the Southern Railroad.Across
Mill House Road is the Farm House Restaurant.
The Zoning Ordinance lists criteria which are normally used to determine the
application of Rural Buffer zoning. The purpose of an RB district is to provide
locations for rural residential developments and agricultural,silvicultural or
horticultural uses which serve to buffer or separate more intensively planned and/or
r developed portions of Orange County.
The property is located in an area designated as Rural Residential within the Rural
Buffer in the Joint Planning Area Land Use Plan.
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on May 28, 1996. Commissioner Gordon
requested information about the intended use of the property.Planning
Staff indicated a special use permit for a cellular tower would probably be applied
for but an application has not yet been received. Mr.Neal Tapp and Mr.Jerry
Eatman spoke in favor of the request. Ms.Eve Olive indicated she had concerns
with the effects a cellular tower may have on the children at the Emerson Waldorf
School.
The Planning Staff recommends approval of the request for a Zoning Atlas
amendment from Neighborhood Commercial-2 to Rural Buffer per findings(an
attachment to these minutes on pages-2a-?dj.
Kirk distributed copies of a letter received this date from Jerry Hartzsell
recommending approval of the Zoning Atlas amendment. (A copy of this letter is an
attachment to these minutes on pageQ4-2*1.)