Loading...
HomeMy WebLinkAboutAgenda - 06-29-2000-8sORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 29, 2000 Action Agenda Item No. ~~ SUBJECT: Approval of a Resolution Adopting an Ordinance Establishing a Six (6) Month Moratorium on Development Applications Near Intersections of I-85/NC 86 and I-40/Old NC 86 DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/1~ NO ATTACHMENT(S): Resolution of Ordinance Adoption INFORMATION CONTACT: Notice of Public Hearing Craig N. Benedict, Planning Director Certification of Mailed Notice Diane Reid, Economic Development Dir. Maps of Moratorium Areas TELEPHONE NUMBERS: Written Comments from Public Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 The Boazd of County Commissioners held a public hearing on June 20, 2000 on a moratorium consistent with Scenario C on Page 3. Hillsborough Commissioners have voted for a four month moratorium and have deleted some azea neaz I-85/NC 86. The Planning Board met on June 21 and unanimously recommended approval of the Moratorium Ordinance. PURPOSE: Consider approval of a resolution adopting an ordinance of moratorium. Invoke a six month moratorium on development applications near the I-85/NC 86 intersection so Economic Development District standazds can be implemented on those lands to create a better development pattern and better use of the land. In addition the existing district near I-40/Old NC 86 is included so standazds there can be upgraded. • Joint Town of Hillsborough/Orange County effort consistent with Board of County Commissioners goals adopted in June 1999 • Joint work group recommends, pursuit of a six-month moratorium as the best method to address developing Hillsborough Area Economic Development District in a comprehensive manner. • Joint work group has publicly met for four months with input from the private sector and has developed a series of recommendations. • Preliminary ideas include: ,. - Expansion of the Economic Development District - Understandable standazds and adjacent use compatibility - Planned Non-Residential Development Guidelines -~ See list of other research issues BACKGROUND: A subcommittee of two Hillsborough board members, two Orange County Commissioners, Planning Directors, and County Economic Development Director was formed to examine the County's and Hillsborough's `Economic Development Districts' near the intersections of interstate I-40 and I- 85. A coordinated review of the entranceways and development pattern standards in and around Hillsborough and the County seat were a primary goal. Discussion of the Economic Development District (EDD) design standards and transportation planning led the work group to examine a larger, more comprehensive area for EDD activities. In order to ensure that new development proposals meet the new standards which have been discussed and developed over the last four months, including more private sector input in coming months, asix-month moratorium was suggested. LOCATION: The moratorium area encompasses 1 OSSf acres and includes: Area A (approx. 724 acres) the existing EDD areas noted on the County's land use and zoning maps that aze south of Hillsborough near the Old NC 86 intersections with I- 40. In addition, there are two adjacent areas to the existing Northeast quadrant EDD that aze being included in the moratoria: Area 1 (approx. 100± acres) an eastern expansion including residential lands; Area 2 (approx. 140± acres) a northern expansion and residential lands. A separate azea which is in the northeast and southeast quadrant of the NC 86 and 1-85 is also part of the moratorium azea. This azea is a primary entranceway and supports the moratoria efforts in Hillsborough pertaining to the other quadrants of the NC 8b/I-85 intersection: Area 3 a: (Southeast quadrant) This area is approximately 85± acres. Area 3 b: (Northeast quadrant) This area is approximately 6± acres. Existin and Pro osed Conditions Existing: Land Use: Various Commercial/Industrial, residential and some existing EDD land uses with certain areas subject to a Major Transportation Corridor (MTC) overlay. Proposed: Land Use: EDD Zoning: EDD Develo ment Process Schedule and Action A public hearing notice must be advertised for the affected azea. 1) Approve advertisement for Public Hearing date 2) Not more than twenty-five days before and no later than ten days before. Advertise twice. Notify property owners by first-class mail. 3) Hold Public Hearing 4) Refer to Planning Boazd for recommendation 5) Boazd of County Commissioners to review and act on regulation Two scenarios of the timing of this action and future EDD changes are available. Scenario B: EDD expansion modification proceed with EDD joint land use/rezoning amendment 1) Approve advertisement for Public Hearing date November 1, 2000 2} Publish ad on November 13 and 20, 2000 3) Hold Public Hearing November 27, 2000 4) Refer to Planning Board December 6, 2000 5) BOCC adoption first BOCC meeting in January 2001 Scenario C: MORATORIA ASAP 1) Approved advertisement for June 20, 2000 Public Hearing 2) Published ad on June 9 and 16, 2000 3) Changed Budget work session scheduled for Tuesday, June 20, 2000 to include a public hearing. ~1) Refer to Planning Board Special Meeting June 21, 2000 5) BOCC adoption June 29, 2000 Analysis of scenarios: Scenario C is the fastest track of moratorium. The Ordinance of Moratorium effective July 5. Scenario B time frame could be used to implement the actual EDD changes. Implications of a Moratorium Pros - • Temporarily defers development until comprehensive regulations are developed • Permits time to develop intergovernmental coordination mechanisms between the Town of Hillsborough and Orange County • Prevents a precedent setting project that disrupts an overall development pattern goal which is in progress • Provides an important opportunity to evaluate new and modified regulations to ensure they are logical and feasible from both a public and private sector standard • Permits additional time for dialogue between existing development and property owners and future developers to synchronize the vision for an area with the help of recent long range planning efforts in Hillsborough and Orange County Cons - Could potentially delay a `good' project that voluntarily exceeds existing EDD regulations Creates a temporary communication barrier between property owners and government from misunderstanding of moratorium purpose Delays potential new construction that could enhance the non-residential tax base FINANCIAL IMPACT: None at this time. PLANNING BOARD RECOMMENDATION(S) -JUNE 21, 2000: Approved unanimously. RECOMMENDATION(S): Administration recommends approval of the Resolution adapting the Ordinance. A RESOLUTION TO ADOPT AN ORDINANCE OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS An Ordinance Establishing a Six (6) month Moratorium on Development Applications in the Economic Development District (EDD's) located in Orange County, North Carolina at the I-40/Old NC Sb intersection, the I- 40/NC 86 intersection and including other areas nearby as designated on the attached maps. WHEREAS, it is appropriate for Orange County to study the potential impacts of development in certain areas designated and/or exhibiting the potential for designation as Economic Development Districts within Orange County's zoning jurisdiction, and ; WHEREAS, it is apprapriate for Orange County to consider the appropriate scope of regulation for development in areas designated for economic development within Orange County's zoning jurisdiction, and; WHEREAS, a subcommittee consisting of two (2) Town of Hillsborough Boazd of Commissioners members, two (2) Orange County Board of Commissioners members, the Planning Directors for both the Town of Hillsborough and Orange County, and the Orange County Economic Development Director have met for four (4) months beginning in February of 2000 to study this issue, and; WHEREAS, a Moratorium to study development issues in the areas designated on the attached maps is in the best interest ofthe citizens of Orange County. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS: Section 1. From and after the effective date of this ordinance for a period of six months, the Orange County Planning Department shall not process applications for subdivision approval, site plan approval or special use permit approval for developments within that portion of the Economic Development Districts (EDD's) located at the I-40/NC Sb intersection, the 1-40/Old NC 86 intersection and other azeas as designated on the maps attached and made a part of this ordinance that aze located in the Orange County planning jurisdiction, unless such applications have been accepted and the fees associated with such applications have been paid prior to the effective date of this ordinance. Section 2. For purposes of Section 1 of this ordinance, a development application shall be accepted if the applicant has submitted all of the information required by the Orange County Zoning Ordinance and/or the Orange County Subdivision Regulations as determined by the Zoning Officer. Section 3. For purposes of Section 1 of this ordinance, the required fees are those established for the applicable permit application by the Orange County Board of Commissioners. Such fees shall be paid by the applicant and accepted by Orange County only after the application has been accepted in accordance with Section 2 of this ordinance. 5 Section 4. All provisions of any Orange County ordinance in conflict with this ordinance are repealed from the effective date of this ordinance and for its duration. Section 5. This ordinance shall become effective on July 5, 2000. Upon motion duly made by ,and duly seconded by the foregoing Ordinance was duly adopted by the Orange County Commissioners at a meeting held on the 29`~ day of June, 2000. Ayes: Commissioners Noes: Absent or Excused: I, Beverly A. Blythe, Clerk to the Boazd of Commissioners for the County of Orange,. North Cazolina, DO HEREBY CERTIFY that the foregoing has been cazefully copied from the recorded minutes of the Boazd of Commissioners for said County at a regular meeting of said Board held on June 29, 2000, said record having been made in Minute Book No. of the minutes of said Boazd, and is a true copy of so much of said proceedings of said Board as relates in any way to the matters described in said proceedings. WITNESS my hand and the corporate seal of said County, this the of 2000. Beverly A. Blythe Clerk to the Board of Commissioners 6 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held in the Judge F. Gordan Battle Courtroom, Orange County Courthouse (new), 106 E. Margaret Lane, Hillsborough, North Carolina, on Tuesday, June 20, 2000, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the fallowing items: A. MORATORIUM ON DEVELOPMENT APPLICATIONS IN AND AROUND I-40/0LD NC 86 AND I-85/NC 86 Invoke asix-month moratorium on development application on lands within and adjacent to the existing Hillsborough area EDD and including a new area in the northeast and southeast quadrant of I-85/NC 86. Only those lands within Orange County's jurisdiction are included in this moratorium. The total area under moratorium consideration is approximately 1055 acres and is generally described as follows: Area A: (approximately 7241 acres) Existing Hillsborough EDD area near I-40/Old NC 86 Area 1: (approximately 1001 acres) East of Area A and extending to NC $6 Area 2: (approximately 1401 acres) North of Area A Area 3a: (approximately 85t acres) Southeast quadrant of I-85/NC 86 Area 3b: (approxim'ately 6t acres) Northeast quadrant of I-85/NC 86 Purpose: Permit additional time for an established multi jurisdictional (Hillsborough and Orange County) work group of elected officials and planning and economic development staff to modify and/or expand Economic Development Districts (EDD's) in the Hillsborough area to ensure that future projects are built in a comprehensive way to include a master plan of adequate transportation systems, utility infrastructure, open space preservation, compatibility of adjacent uses within and adjacent to the EDD, minimum subdivision regulations, and aesthetic standards to promote the entranceway image in the area. Changes may be made in the advertised proposals that reflect debate, objections, revised legal descriptions and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306E Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967- 9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chapel Hill Herald June 14, 2000 June 9, 2000 i~~~o ~~ onnn ~'4 0 2000 400p Fee# ~~ Atxisting 1 mast ~ 2~arth 3b-195 oath 3a`I85 south ~,~h Hillsha+ough Clty Limit ....: I-Gllsborough ETJ N aeuroe a.~a c-0unry w.~wrq I>ti BIR A41g11 Cdw~n ~aq STulOya M Ore i~M 42000 Proposed EDD Moratoria Areas ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ~o~ht! °! e,' Current Planning ~~ , ~ '"; 306E Revere Road (919) 245-2575 u ~ P O Box 8181 (919) 644-3002 (FAX) A Hillsborough, www.co.orange.nc.us "'°•!b ~.~°~~'' North Carolina, 27278 I, Tom King, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about June 9 2000, I had mailed, by certified mail, postage paid, a Notice of the Public Hearing to be held on the Moratorium on Development Applications in and Around I-40/Old NC 86 and I- 85/NC 86, to each property owner affected by the proposed moratorium. The notice mailed specified the date, time, place and subject of the Public Hearing on the proposed moratorium. WITNESS my hand, this the 19~' day of June, 2000. NORTH CAROLINA ORANGE COUNTY ~r - TOM KING ZONING OFFICER I, Jane Garrett, a Notary Public of the County and State aforesaid, certify that Tom Kina personally appeared before me this day and acknowledged the execution of this foregoing certific my hand and seal this 19~' day of June, 2000. ~P~~ F AkR~~~ ~Qy'~~r ~ -~r~ ~~.pUg;Ll~i a~ .~~ ~. 9.y~ ~. ~ COUN~~' My Commission expires ~~ A(UVP~113E~. ~~• Ja Garrett, Notary Public CERTIFICATE OF MAILING NOTICE OF PROPOSED MORATORIUM ORDINANCE ORANGE COUNTY, NORTH CAROLINA rune 12, zooo Mr. Craig N. Benedict, AICP, Director Orange County Planning & Inspections Department 306F Revere Road P.O. Box 81$1 ,I3i]Lsbarough NC 2727$ RE: SIX MONTH MORATORIUM Dear Craig: I appreciate your sending notices to interested parties relative to this proposed moratorium Further, I am pleased to seethe Town and County working jointly to create the most appropriate plan for these tracts. Because of the rapid growth of population in the Triangle, cooperation among all jurisdictions is essential to assure intelligent and aesthetic development in our communities. A six month period of time is not the end of the world and does not send the wrong signals that Orange County is negative toward economic development. ~It will be essential, however, that at the end of the six month period a creative plan that will encourage responsible developers be presented by the subcommittee. The persons serving on this committee must look clearly into the future to visualize economic development that will encourage developers and make the citizenry proud of the product being placed an our soil. We have enough fast food emporiums, service stations, and convenience stores. Retail and commercial areas need shops that market up-scale merchandise, offer wholesome and creative lunch and dinner menus, and encourage substantial spenders into - the Hillsborough community. You have no doubt reviewed places such as Cape Cod, Massachusetts and even the town of Edenton, NC that have enhanced their historical perspective without discouraging development that strengthens the valued nature of their environment. I encourage you and your subcommittee to be creative, work with vigor and vision and produce a plan at the end of the six months that will give us something to cheer about and give the developers opportunities to profit through meeting the challenges you offer. Very truly urs, >1 William T. Hendrickson Manager