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Home My WebLink AboutAgenda - 08-28-1995 - C 1 (c) 31- O R A N G E C O U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 28, 1995 Action Agenda Item # C 1(c) SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Economic Development District Design Manual (Perimeter Buffer) DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Proposed amendment Extension 2583 TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on a proposed amendment to eliminate the requirement for a 100-foot buffer along the perimeter of an Economic Development District (EDD) which abuts an EDD adopted by another planning jurisdiction. BACKGROUND: On January 17, 1995, the Board of Commissioners approved a 720-acre EDD in the vicinity of the I-40/Old NC 86 interchange. One issue which was raised during the initial public hearing process concerned whether or not a strip of properties along the west side of Old NC 86 north of Cates Creek should be included in the EDD. That issue was resolved on June 26, 1995, when the Board of Commissioners included the strip in the EDD and designated it as Primary Development Overlay Area. The area added to the EDD on June 26 ranges from 300 to 500 feet in depth, and the perimeter buffer of 100 feet poses development constraints. The east side of Old NC 86 is in the planning jurisdiction of the Town of Hillsborough and has also been designated as an Economic Development District. Since identical regulations are administered by the Town of Hillsborough, the buffer along NC 86 is not needed to minimize impact on adjacent land uses. The proposed amendment would eliminate the perimeter buffer in any portion of an EDD District where the district abuts the EDD of another jurisdiction. The amendment would apply in all Economic Development Districts and would address the specific situation encountered on Old NC 86 in the I-40/Old NC 86 EDD. RECO1rONDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 2, 1995. 33 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 6.29.3 - Economic Development District Design Manual ORIGIN OF AMENDMENT: Staff Planning Board BOCC X Public Other: STAFF PRIORITY RECOMMENDATION: _X High Middle Low Comment: PUBLIC HEARING DATE: August 28, 1995 PURPOSE: To consider elimination of the 100-foot buffer requirement along the perimeter of an Economic Development District (EDD) which abuts an EDD adopted by another planning jurisdiction. IMPACTS/ISSUES: On January 17, 1995, the Board of Commissioners approved a 720-acre EDD in the vicinity of the I-40/Old NC 86 interchange. One issue which was raised during the initial public hearing process concerned whether or not a strip of properties along NC 86 north of Cates Creek should be included in the EDD. That issue was resolved on June 26, 1995, when the Board of Commissioners included the strip in the EDD and designated it as Primary Development Overlay Area. The area which was added to the EDD on June 26 is located on the west side of Old NC 86, and ranges from 300 to 500 feet in depth. The east side of Old NC 86 is in the planning jurisdiction of the Town of Hillsborough. The attached letter from Tom Horne raises the issue of how the 100 ' perimeter buffer will affect development of this relatively narrow strip of the EDD, particularly corner lots where three sides of the lot would be subject to a 100' buffer. The purpose of the perimeter buffer of 100 feet is to protect adjacent uses from potential impacts of the EDD. On May 15, 1995, the Town of Hillsborough rezoned the area bounded by Old NC 86, Cates Creek and I-85 to Economic Development District, and has incorporated the EDD Design Manual into its zoning ordinance. Old NC 86 in this area forms the perimeter of the portion of the EDD in Orange County's jurisdiction. The application of the perimeter buffer in this area does not serve the purpose of separating potentially incompatible uses since similar uses would be allowed on the opposite side of Old NC 86. 34 The Planning Staff recommends that page 3.2 .6 of the Economic Development District Design Manual be amended, as shown below, to address situations where an Orange County Economic Development District is adjacent to an EDD of another planning jurisdiction. * To create transitions between neighborhoods and areas of differing development intensities, and separate incompatible land uses, a buffer of 100 feet in width is provided at the boundary of Economic Development Districts, and between Primary and Secondary Development Areas within the districts. The 100-foot wide buffer need not be provided when: 1 . The boundary of an Orange County EDD corresponds with the planning jurisdiction of another local government; and 2. The land located in the planning jurisdiction of the other local government has been zoned Economic Development District and designated the same (e.g Primary Development, Secondary Development) as the land located in the Orange County Economic Development District; and 3. the adjoining planning jurisdiction's Economic Development District Design Manual is the same as Orange County's. The Planning Staff does not recommend amending the Design Manual to address constraints imposed on corner lots such as those located in the EDD adjacent to the entrance to Cornwallis Hills. Unlike the lots which front only on Old NC 86, these corner lots are also adjacent to property which is zoned for residential use only, and the perimeter buffer may serve its intended purpose of providing separation between potentially incompatible uses. If all of the requirements of the Design Manual cannot be met, the developer may request approval of a Special Use Permit by the Board of Commissioners. • ...r..,..- �.. GO All r_ a . i • it 1 �i�►iii�� , � �� I� / � �t1♦ M� �! �� • • IMP