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HomeMy WebLinkAboutAgenda - 08-11-1998 - 1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 11, 1998 Action Agenda ItemX 1 SUBJECT: PROPOSED PUBLIC HEARING ADVERTISEMENT— AUGUST 24,1998 DEPARTMENT: PLANNING & INSPECTIONS PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: __—Yes; X No .I.I BACKGROUND: Tac was mi quwt* Polak lisering is sclashiled for August 24, East A summary of and backgromil infinamism on the palsk hearing riams no amictext, As inquired by Ile Zeroing Onfirmae, name of be public leaning von sem by certmed nam W affected and adatectrat property sieves on Facility, August 7, nax lests then Indian (15) dicis bifism Fie I;E 9w Duke UoivendN An amendment to the Land Use Element of the Comprehensive Plan is proposed to change the designation of a 62.6 -acre parcel owned by Duke University fiom Public Interest Area (Upper Eno Watershed Critical Area) to Agricultural Residential (Upper Eno Watershed Critical Area). The applicant is Mark O'Neal, as agent for Duke University. He pmperry, is located in Cheeks Township on die north side of US Highway 70 between 0w Eno River and EDand. It is pan of the collation of tracts commonly known as Duke Forest and is referenced as lot 14 sitcom on Tax Map 41. The subject panel is bordered to the nosh by McGowan Creek, to the east by ATTACHMENT(S): INFORMATION CONTACT: Proposed Public Hearing Legal Advertisement Emily Cameron - Extension 2580 Proposed Public Hearing Items TELEPHONE NUMBERS Hillsborough 732 -8181 Dwham 688 -7331 Mebane 227 -2031 Chapel Hill 967 -9251 .I.I BACKGROUND: Tac was mi quwt* Polak lisering is sclashiled for August 24, East A summary of and backgromil infinamism on the palsk hearing riams no amictext, As inquired by Ile Zeroing Onfirmae, name of be public leaning von sem by certmed nam W affected and adatectrat property sieves on Facility, August 7, nax lests then Indian (15) dicis bifism Fie I;E 9w Duke UoivendN An amendment to the Land Use Element of the Comprehensive Plan is proposed to change the designation of a 62.6 -acre parcel owned by Duke University fiom Public Interest Area (Upper Eno Watershed Critical Area) to Agricultural Residential (Upper Eno Watershed Critical Area). The applicant is Mark O'Neal, as agent for Duke University. He pmperry, is located in Cheeks Township on die north side of US Highway 70 between 0w Eno River and EDand. It is pan of the collation of tracts commonly known as Duke Forest and is referenced as lot 14 sitcom on Tax Map 41. The subject panel is bordered to the nosh by McGowan Creek, to the east by 2 Corporation Lake and the (Ainge-Alemana water plant on the south by US Highway 70, and on the west by undeveloped and apicultmel lands. ORANGE COUNTY ZONING ATLAS AMENDMENTS 1. 23-98 Lawrence Park Subdivision Tbeproperty a located in Etw Townrsdp on thesmah sideol Highway 70A fur) fat ran of the intersection with Iawsence Reed (SR 1]09). Two parcels totaling 2 32acus (101,059 sgome fen) are proposed for mmwig fiom Rma1 Residential (R -I) to Low Intessiry Raid i dal (R -2). The subject popery, is refeemcerl as Ivn of lot 17 on Tax Map 4. The request fin razor* is bang made in conjwalw with PD-3�98, a proposal for morning 8332 ales as aplmnand residential develophicia. The I.ropomd R -2 wring would h [hoard adjacent: to the proposed cmhah e b the Planned] on US Highway 70A aM would allow pre developnau off (4) half -are residestal lot with aces to the prop d enbmax road one of the pacels proposed fin mutual; is planned as pennmtent open spice to Insider the aljastt existing tesiderce 5vm tk ml mrce to Izwtaee Park p W rod development 2. PD3 -98 Lawrence Park Subdivision The property is located in Eno Township on the east side of lawrertce Road (SR 101)9) 400 feet south of US Highway 70A, adjacent to the intersection of Lannle Drive (SR 1831), and 200 feet north of the Interstate 85. A change In zoning has been requested for an 8332 -awe phase] from Renal Residwdal (R -1) to Plmmed Development Housing (PD- H-R3). Adjacent land uses are single - family r esucentid zoned Rd, R -2, and R4, and a church. The property is located in the Twenty -Year Transition Area as desigreted in the Comprehensive Plan. A Class A Special Use Permit has been requesed to allow development of the subject property for 237 single�family residential units at a density of 2.8 wits per more. Hie parcel is mferemed as pan of lot 17 on Ties Map 4. Proposed lot suns will average 7725 square feet with an average house size of 1550 square feet. The site plan includes 2637 acres (31.6%) open space burning 7.17 acres of Improved recreation area The proposed lots will be served by new public roads and water and sewer from the Town of Hillsborough. Access to the site is planned from Lawrence Road, US 70A, and Lori Drive, CLASS A SPECIAL USE PERMITS 1. SUP1- 98Geeren Commuuitafions A Class A Special Use Pennit has ban mil ash under the provisions of Article 8.8.17a of the Orange Cowry Zoning Ordinance to patient the wruwctiw of a tekmmmmucariw tows. The proposal facility would include a 270 -foot relawmnutucation tower, an aphinant cabutch std an mess for future additional relecommmdcationrmdas The subject property is mncd Agricultural Residential (AR). It is IocatN east of Lloydmwm Road (SR 1960) with access fiom a privme easement having en mtraxe approximately 2000 feetsouto ofNC Highway 54 West. The appLration is fora 44-ave and with an additional own at accmnvmodate the fall mete sweetmeat The WoPerty is tefetetrktlazpat of Lm21 shownon Tar Map 24 in Bingham Towadilp. i SUP- L% Geuao Camnmimtioms A Class A Sps'al Use Permitbas bum 1e116smi mldade provisions ofArticle 8.8.1]a of rte Ornab°e County Zoning Owinsi m permit to construction of a relerommlmiratiw tower. The proposed fisa tq would include a 250-fom telecommunication tower, an equipment cabmen, anal an area for fwne additioal @IecORUnamvation CNrias. The subject property is mind Rural Buffer (RB) and University Lake Protxled Watershed (UMV -PW). It is located 1155 feet north of NC Highway 54 West wilt asicess from a private road known a O'Day Drive having an entrance approximately 600 feet west of Bethel- Hickory Grove Chumb Road (SR 1104). The application is for a 2.77 -acre lot with an additional area to accommodate a fall zone easement. It is ref nail as part of Lot 9P shown on Tax Map 28 in Binghan Township. 3. SUP - }98 Orange Regional Landfill (Modification of SUP- }9') The property is located in Chapel Hill Township on the north side of Eubanks Road (SR 1727) on the west side of the existing Orange Regional Landfill. The parcel contains 12.76 acres and is referenced as Lot 2M on Tax Map I8. The proposed modification b the connect Special Use Permit is to add an area to be used for recycling glass and metal cans. The expvaion includes a 7500 square foot concrete slab, two (2) open sheds, and 44,400 square feet of additional vehicular surface. The anent mining of the property is Rural Bufftr (ER). PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT $Kdon rv- B- &e Lnmduapenmd BU Requiremmb —App6 bft The proposed amendment to the Orange County Subdivision Regulations would defer application of the landscape and buffer requirements contained in section W B-8 on a lot gamer than ten (10) mare in siae when that lot is shown as a residual parcel in a subdivision subject to the regnatioas. The requirements of Section IV -8-8 would apply at the time a subdivision lot greater than out (10) acres in size is briber subdivided into smaller lob. RECOhNff,NDATION: TheAdmimmatianavmtreLLsalapovaloftlxatbcldadwtianeafmde Augtm24, 1998.91 ®ailY Wblich®in�g. T U M@ 7 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public beating will he held in the Judge F. Gordon Bathe Superior Commission of the New Orange County CourtMuse, 106 E. Margaret Lane, Hillsborough, North Camlina, on Monday, August 24, 1998, at 7:30 p.m. for the propose of giving all interested citivens no opportunity to speak for or against the following items: CP-098 Duke Gnivenity The proposed amendment to the Land Use Element of the Comprehensive Plan is W change the designation of a 62.6 -acre parcel owned by Duke University fiom public Interest Area (Upper Eno Watershed United Ares) W Agricultural Residential (Upper Eno wateshed Critical Area). The property is located in Cheeks Township on the north side of US Highway 70 east of EBatM and 1500 feet west ofthe Eno River. It is referenced as lot 14 shown on Tax Map 41. ;1]:L1CCH a[K1111Cp1�r(1 e p , 111 a IY 1. Z3 -98 Lnvrence Park Subdivision The property is located to Eno Township on the south side of US Highway 70A 1400 feet east of the intersection with Lawrence Road (SR 1909). Two prowls touting 2.32 -acres (101,059 square feet) are proposed f rewNng nom Rural Residential (R -1) to Low Intensity Residential (R -2). The subject property is ref nced as part of lot 17 on Tax Map 0. The request for rezoning is being made in conjunction with PD -3 -98, a proposal for rezoning 83.32 acres as a plawed residential development. 2. PD -3 -98 Lawrence Park Subdivision The property is located in Eno Township on the east side of Lawrence Road (SR 1909) 400 feet south of US Highway 70A, masers w the intersection of Lennie Drive (SR 183 1) said 200 feet north of the Inte Laze 85. A change in zoning has been requm d for as 83.32 -acre pareel Dorn Rural Residential (R -1) W Platmed Development Housing EP H -R -3). A Class A Special Use Permit has been requested to allow development of the subject property for 237 single-family residential units at a density of 2.8 units per acre. The parcel is referenced as pan of lot 17 on Tax Map 4. CLASS A SPECIAL USE PERIVDTS 1. SUPT- 98Gearon COnmuuicatioos A Class A Special Use Permit has been requested corder the provisions of Article 8.8.17a of Joe Orange County Zoning Ordnance to permit the construction of a telecommunication rower. The proposed fnoility would include a 270-firm teleeommuniwtion rower, an equipment cabinet, and an area for faire additional telecommunication carters. T M IT`7 The subject property is emend Agricultural ResidenfiW (AR). It is located approximately 450 feet east of Lloydtown Road (SR 1960) with access from a private easement having an entrance approximately 2000 feet south of NC Higbway 54 Wert. The application includes a 4.4 -acre tract win son additional area to accommodate a fail zone easement. Ile property is refemced as pan of Lot 21 of Tax Map 24 in Bingham Township. 2. SUP-2-98 Gearon Communications A Class A Special Use Permit has been mmesuH under the provisions of Micle 8.8.17a of the Orange Cotmty Zoning Ordinance m permit da construction of a telecommuWcation tower. The proposed facility wood include a 250 -foot telecommunicaton tower, an equipment cabinet, and an area for franc additional telecommunication tamers . The subjert property is wood RmW Buffer (RB) and University Lake Protected Watershed (UNIV -Pal). It is Invested 1155 feet north of NC Highway 54 Wert with access from a Private road known as O'Day Drive having an entrance approximamgy 600 feet west of BetbeFHickory Grove Church Road (SR 1104). The application is for a 2]9 -acre lot with an additional area to accommodate a fall zone easement. It is referenced as pan of Lot 9P of Tat Map 28 in Bingham Township. 3. SIIP-3-98 Change Regional Landfill (Modification of SUP -}97) The property is learned in Client Hill Township on the noM side of Eubanks Road (SR IR]) on the were side of the existing Orange Regional foothill. The parcel contains 12.76 acres and is ref cad as Lot 27D on Tax Map 18. The proposed modification to die current Speciad Use Pemdt is to add an area to be used for recycling glass and metal cans. The expansion Includes a 05M square not concrete slab, two (2) open sheds, and 4,L400 square fm of additional vehicular surface. The current zoning of de property is Rend Buffer (RE). PROPOSED SUBDMSION REGULATIONS TEXT AMENDMENT Section W -B- a Landscape and Boller Requirements — Applicability The proposal amendment to we Orange County Subdivision Regulations would defer application of ne h nduape end buff" requirements communed in Section IV -13-8 to a lot pester Unit ten (10) acres in size when do lot is sitcom as a mid" parcel in a subdivision subject to the regulations. The requbemmts of Section IV -B -8 wood apply at the time a subdivision lot gRater tlm for (10) acres in size Is number subdivided into smaller lots. All interested citizens are invited in aimed Us hearing and be heard. public comment will be received during the public hearing. Following the close of the public hearing only evidence received in writing by de date of the Planning Board creating following use public hearing will be considered by due Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect delude, objections and discussion at the hearing. ip` Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, NoM Carolina. Office heats are 5om 8:00 am. to 5:00 p m. Monday through Friday. You may also ca11732 -8181 (Hillsborough), 688 -9331 (Durharn), 967 -9251 (Chapel Hill- Cardfom) or 227 -2031 (MebaodOrehmn). Please ask for extcwion2575 or 2585. You will be directed m a staff member who will answer your questiore. PUBLISH: News of Orange Cbavel Hill Hemld August 19,1998 August 13, 1998 August 20, 1998 C V- 1 i CP -4 -93 Duke University Applicant: Mark O'Neal Owner: Duke University Current Land Use Element: Public interest Area (Upper Eno Watershed Critical Area) >- Proposed Land Use Element: Agricultural Residential _ Map Not to Scale , v V, sn n , 9 )01 O O JN Co Q: 551 °41'40'E —yL 9989 O 62.652 acres O 2 m C 9 �m8 f�a 9� Fp N� C 3 /', xc. a nn� fnR U. S. HWY. 70 a 3 9y°:244 CURVE DATA - - E .c 9 Rao RC i CnJ oq9 WO BRIJ6:- 9'22" 58220 _ I ^57.95 105652 SM41 36 bZ344' "yy C-2 9 °S246" 289317 765.01 78260 39493 5BN 4 q-w 64 CI °A 3p "898.55 15528 15528 7764 NBS?O 56 40 °Zi JJ 2801. 11979.67 093d . 74 iC'33. 19 ryB.T'IS'15'-2 C -5 Co 's 3 3 505 cJ r 2.86 02W 401 ST' 25223 207-°, 2�63a "E 5 }°5335 -'E C 6 }Y2). 5-04 9" 1568 50, 8532 5_l AC 5 861409W C 3 r0 °P22' Si487 62597 2B. • '2J09 2S T2 313 A g 3 N331J "w S93°IB': N C -9 14 L3853 47 1 CO 21 3985 7_66. 2C 66 :d,: i �•0 °50'55 c-JI '.8°:452" j 307763 X30! 1 a 53 551 °41'40'E —yL 9989 O 62.652 acres O 2 m C 9 �m8 f�a 9� Fp N� C 3 /', xc. a nn� fnR U. S. HWY. 70 a 3 9y°:244 ORANGE COUNTY PLANNING DEPARTMENT la 3%F REVERE ROAD HILLSBOROUGH, NORIIi CAROLINA E1E78 O LAND USE PLAN AMENDMENT APPLICATION All persons requesting an endment to the Land Use Plan of Orange county are required to complete the following application as completely as passible: CP 3' OFFICE USE ONLY , RER�I 5�1" DATE_ RECETVED: C.12619% STAFF PERSONS) RESPONSIBLE: GENERAL DATA: Property Owner(s) Name: Hailing Address: Phone: Agent(s) Name: Hailing Address: Phone: SPECIFIC Duke University, Inc. Pickett /Sprouse Peal Estate Inc. P.O. Box 52118, Durham, NC 27717 (919) 493 -0395 Tax Reference: Township Cheeks Tax Hap 41 Block 1 Lot 14 Public /Private Road Name: Highway 70 Lot Size: Acreage 62.65 Square Footage Lot Frontage a 2.000 FE Lot Depth 2,000 Ft. Current Plan Category Designation(s): General Public Interest District Activity Node N/A Watershed U- ENO -CA— Saint Planning Area N/A co az BE9U_sT sty - 2 - -98 SPeCrFIC DATA (Continued): Oescn be Lard Uses in the General Area: Rural- Aaricul' -ural and Residential On Adjacent Parcels of Land: Farms and sorest REOIIFST: Land Use Plan Category Designation(s) Requested: Agri cul tura: /Residential Type of Amendment: Primary Secondary M This application should be submitted with the following materials: Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, is question. Legal description of the parcel, or portion thereof. Letter of request to include: • the tax reference, general location and owner of the parcel • the current and requested land use plan category designatiaa(s) • a narrative stating the manner in which the proposed amendment will carry -out the intent and purpose of the adopted comprehensive plan or part thereof • a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment • statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. (We), the undersigned, certify that all statements furnished in this pp Lication are true and to the best of as mow la and he the pplicatiom as submitted is complete. Duke University, Inc. 'KoyvEr7� NAM.°. OF APPLICANT -- SIGNATURE OF/�PLICANT(S) 'ay r GATE 38054 L, 11 ry01"•Part C(I Bae 52ia•Owham. ivavF Cach1,2]]V•!RIBBER,,(9?w 491 • nn as s 19)x95 -�T.a June 25, 1998 Mr. Gene Bell Comprehensive Planning Division Orange County Panama Department 306 -F Revere Road Hillsborough, NC 27278 Dear Mr. Bell: Attached is a land use plan amer admen application and supporting extunto related to the 62.6 acre tract owned by Duke University located on Highway 70 west of Hillsborough. The tax map reference is: Cheeks TowmMp - Map 41.1.14. The comprehensive land use plan identifies this tract as Public Interest District. We propose modifying the land use plan and zordng to Agricultural Residential consistent who the surrounding zoning and usage. This proposed amendment does not change the intent and purpose of the plan. It at Duke University's intern to sell this land. Other than the fact Nat it is owned by Duke University, there does vm seem in be any other reason tut it wu identfied in the small area plan as Public Interest District. From Duke's perspective, this tract is not hued for forest reseazch, it does not have my strategic significance to the forestry program at Duke and it does not adjoin Rey other lands of Duke University. Mzrkesong of the tract has proven extremely difficult given its present zoning of Public Interest District which prohibits any residential use. Miss zorhing classification was apparently passed without Duke's knowledge or consent. In cur research, we frd that the documentation surrounding rise rezooivg is rather sent and tut Duke University was not aware that such severe restrictions were being placed on their property. Tbank you for your support and wasstavice Mazk/ N G,Neaf me Jeff POVer Judson Edebum Hove J. Freeman CC Pickett /Sprouse w CC M rs GREY I. GAMBILL LAN Rea/ Estate, Inc. ,,w,„01IMLCCI 38054 L, 11 ry01"•Part C(I Bae 52ia•Owham. ivavF Cach1,2]]V•!RIBBER,,(9?w 491 • nn as s 19)x95 -�T.a June 25, 1998 Mr. Gene Bell Comprehensive Planning Division Orange County Panama Department 306 -F Revere Road Hillsborough, NC 27278 Dear Mr. Bell: Attached is a land use plan amer admen application and supporting extunto related to the 62.6 acre tract owned by Duke University located on Highway 70 west of Hillsborough. The tax map reference is: Cheeks TowmMp - Map 41.1.14. The comprehensive land use plan identifies this tract as Public Interest District. We propose modifying the land use plan and zordng to Agricultural Residential consistent who the surrounding zoning and usage. This proposed amendment does not change the intent and purpose of the plan. It at Duke University's intern to sell this land. Other than the fact Nat it is owned by Duke University, there does vm seem in be any other reason tut it wu identfied in the small area plan as Public Interest District. From Duke's perspective, this tract is not hued for forest reseazch, it does not have my strategic significance to the forestry program at Duke and it does not adjoin Rey other lands of Duke University. Mzrkesong of the tract has proven extremely difficult given its present zoning of Public Interest District which prohibits any residential use. Miss zorhing classification was apparently passed without Duke's knowledge or consent. In cur research, we frd that the documentation surrounding rise rezooivg is rather sent and tut Duke University was not aware that such severe restrictions were being placed on their property. Tbank you for your support and wasstavice Mazk/ N G,Neaf me Jeff POVer Judson Edebum Hove J. Freeman Lawrence Park (Z-398 and PD -3 -98) Applicant: East West Partners, Inc 15 Owner: Meadowmont Farms, U-C Current Zoning: Rural Residential (R-1) Proposed Zoning: 2.3 Acres R -2 Low Intensity Residential 0 0. and 83 acres Planned Development R3 O eiA (PD- H -R -3) Land Use Element: Twenty Year Transition 0 Tj Scale one inch = 1000 feet r O + 9 O_ I I � I I , 0. u I �p wVUG�4Tt ��. � a O Y � 83.S4C. PIP. R.R3'� _ �q y O + 9 O_ I I � I I , 0. u I �p wVUG�4Tt ��. swvrv�vvrt -" O O + 9 O_ I I � I I , 0. u I w T O a ��l I COD t i�' -y� Q Li ;U 11 S - u �a r �} � a, _ tT!r❑ itoll 1 °R THE JOHN R. McADAMS COMPANY, INC. CC E V LT i N E G r N E E PS W6i Cay.CE Box i IWS P S m EARCHTeiaxGLEwnx, NC CUPOLwP2rt09 _ - 19191 on 5000 <x 1991 a61 -2269 _ t}n June 29, 1998 Orange County Board of Commissioners evo Orange County Planning Depanmem 306F Revere Road Hillsbomugh, North Carolina 27278 RE. Rezoning Statement of Justification Lawrence Park PDH -R -3 and R -2 Rezoning & SUP Request OBS -95000 Dear Orange County Commissioners . On behalf of Meadowmont Farms. LLC and E W P Management, Inc., we hereby submit a rezoning application fora single -farm ly residential development referred to as Lawrence Park The site is 85.57 Acres located on the eastern side of Lawrence Road between Business US Route 70 and Latmie Drive. The site has extended frontage on Law- rence Road and limited frontage on Business US 70. Caroust Coudidom The subject site is about one -half fallow cropland (the wemem ha10 and about one -lulf woodland, predominately deciduous. The cropland, visible from Law- rence Road, is tressed in part by an intermittent saeam bordered by areas extend- ing about 20 feet m either side of the shallow channel. Across Lawrence Road to the west are single - family homes in the Colonial Hills Subdivision (R -2 Zoning / one -half acre lots) and the Lawrence Road Baptist Church. To the north of the she are homes on Iota facing onto Business US 70. These lots are Zoned R -1, but are of varied size end shape due to their original subdivision which divided the land into snips of land 25 f t wide by 300 feet deep. THE JOHN R. McADAMS COMPANY, INC. Orange County Board of Commissioners June 29, 19019 Page 2 To the south of the site are subdivision lots zoned R— and developed with both mobile homes and conventional construction homes. East and southeast of the site are residential lots of vaned sizes primarily developed with single- family homes. These lots have access to Piney Grove Road and loan Court. The applicant believes that the proposed rezoning isjustified as the proposal satis- fies the purposes of the Comprehensive Plan and the requirements of the PDH -R- 3 Zoning District as discussed below. SATISFYING THE PURPOSES OF THE COMPREHENSIVE PLAN This proposal for development complies with the County Comprehensive Plan that identities the site as a transition area appropriate for development of smaller lot single family development upon the availability of public sanitary sewer and water. Utilities Public water is available in both Lawrence Road and Business US 70. When de- veloped, the subject site will connect to both of these water lines in order to pro- vide for a looped system to serve the entire site. Water pressure and flow tests have been conducted and analyzed to determine the size of water lines needed to serve the site to provide for bath domestic and fire protection needs. Fire protection services provided by the Orange Rmal Fire District will he sup- ported by this extension of the public water system and hydrants within the pro- posed development. Sasrimsy sewer service is proposed to he extended to the subject sift from the Meadowlands development located about one -half mile were of Lawrence Road on Business US 70. These are several possible routes and the applicant has met several times with Hibsborough officials to determine the feasibility of extending sanitary sewer service w the site. A copy ofcorrespondence from the Town Engi- nett is included indicating that service would be acceptable. That letter further indicates a desire to agreed service to the Hlghwoods Mobile Home Park - imme. THE JOHN R. McADAMS COMPANY, INC Orange County Baud of Commissioners June 29, 1998 Page 3 dimely to the east of the subject site - In order to assist in reducing a current health hazard brought about by failing septic systems is that existing development. As shown on the plan, sanitary sewer service would be extended to the site by a line running in the Business LS 70 nght- a6way. In order to serve both the High- words Mobile Home Park and Lawrence Park. a lift station in the Lawrence Park Subdivision will cotmect to the sewer line extension in Business US 70 which will in part be a fame main and in pan gravity flow main. The applicant believes that the rezoning and development of the proposed Law- rence Park Planned Development Housing Subdivision will carry out to purposes of the Comprehensive Plan and the intent of the flexible development regulations which seek to have one -third ofa site set aside in open space. A description of the applicants plan is provided below: PROPOSED DEVELOPMENT PLAN This plan is a request for the subject site to be rezoned from R -I Single Family Residential into two separate zoning categories. R-2 Zoning -4 Single Famly Home Lob Two small parcels of land totaling 2.32 acres are located at did entrance to the site from Business US Roure 70. This entry area is proposed to have four single - family Jots with one landscaped restricted lot adjoining an existing neighboring lot to the west. new one -half acm lots provide a transition from the existing single - family homes fronting on Business US 70, PDH -R_3 Z — 239 Single Family Home Cluster Develonmmt Plano The larger panel, 83.32 acres, is proposed to be PDH -R -3 Single FamilY Red - dential. b this category, the maximum permitted density is 3 dwelling not per want. The Proposed development of 237 lots has a density of 2.8 dwelling uvs per acre. r THE JOHN R. McADAMS COMPANY, INC Orange County Board of Commissioners June 29, 1998 Pagel Access and Roadways Two primary and one secondary access points to the site are proposed. One pri- emmnce is located on Lawrence Road (Phase p: the second is located on Business GS 70 (Phase 11). At each of these entrances protected left mm lanes meeting NCDOT standards will be constructed along with safe bus tumour lanes for future use by public & school buses. The secondary access point is in Phase III and would correct the site with the existing right -of -way of Lori Drive on the southern side of the site. All roads within the site are proposed to be public. designed and built to NCDOT standards, and dedicated to NCDOT upon completion of the required number of lots per road length. The design for these internal streets includes a 27 feet wide curb and gutter design with 5 feet wide sidewalks on each side of all streets within the development. The homeowners association and individual homeowners will maintain sidewalks. wart and Lot Arraneement A neo- traditiorml pattern of roadways and lots Is proposed, tempered by the needs to observe and blend with the existing topography, vegetation, and utility service requirements. With one - exception there are no cul -de -sacs in the proposal and future connections from this site to properties to the east and southeast of the site are shown. Lm & Home Sizes and Value The proposed lot sifts for Lawrence Park are between 7.650 square feet and 8,000 square f [. Fifty-tutee percent (53%) of the lob (126) will have pemrium open space bordering their seer or side lot lines. The remairring I l l lots will share a common rear property line wish a neighboring lot, much in the small town badi- hon. Seven different home styles, most with families, will be offered in Lawrence Park The range of on will be between 1,200 square feet and 1,750 square feet. It is expected that the average sib based upon the selected distribution of styles will ATHE JOHN R. McADAMS COMPANY; INC. Orange County Board of commissioners June 29, 1998 Page 5 be L550 square feet. Homes will be sec back 20 feet from the front propem Ilne and 15 feel from each side property line. The average value of homes is expected to be$ 132,000. Based upon a development schedule that would permit construction to scan in the spring of 1999, the following schedule of constructed and sold homes is expected. Year Sales 1999 15 homes sold 2000 60 homes sold 2001 60 homes sold 2002 60 homes sold M03 46 homes sold Open Saw The PDH -RJ plan provides for 26.37 acres of open space. This amounts to 31.6% of the site. Open space will he owned and maintained by a homeowners associa- tion. The 26.37 acres includes the fallowing components: 1) A 100 feet wide Perimeter buffer Is provided around the PDH -R -3 site. In lo- cations where there is no existing vegetation within the 100 feet buffer, two forms of plantings are proposed. In the 25 feet immediately adjoining the pro - posed lots, a double row of staggered Virginia Pines are proposed. This vegetation will mature rapidly and quickly provide a visual buffer to sur- rounding lots. In the remaining 75 feet of the buffer, a mixture of native forest vegetation would he planted and allowed to mature in a fashion which will Permit the development of a more namml visual landscape, not an ornamental style buffer. 2) The site him 7.17 acres of privare recreation area that will be maintained by the homeowners association Thu amounu to 8.6% of the PDH -R -3 site. (The minimum required recreation is 7.7 0AJ Recreation mess include a WE lot and a packet park with benches and game tables in Phase 1, In Phase IS an active recreation playfeld sized far soccer and softball will he developed as well as a cent edly located park. Although only 120 of the 237 ® THE JOHN R. McADAMS COMPANY, INC Orange County Board of Commissioners June 29, 1998 Page 6 lots will be developed during Phases I & II. all recreation facilities will be de- veloped during these phases. The playfield will be in an area of the site that is currently a fallow farmed field and well suited for active recreation. The park will contain benches and seating area, a gazebo, tot lot playground area, and open areas usable for games such as volleyball, badminton, shuffle- board, and bocce. The park is in an area that is currently forested thereby al- lowing for the retention of existing trees throughout the park as well as the retention of a significant me border where the park will adjoin proposed home sites. All four of the recreation areas will be fully accessible by pedestrians and bi- cyclists. At the playfield and park, parking is provided for automobiles. I) Although the subject site is not located in a protected watershed, stotmwater management and stormwater quality facilities are a part of the development application. Calculations for the proposed development show that about 24.5% of the site will be covered by impervious surfaces. Conversely, slightly over 15 %ofthe site will be pervious in the farm of unpaved playfields, lawns, planted areas, and undisturbed buffer areas. Stormwemr detention facilities owned and maintained by the homeowners as- sociation will be provided in two locations. Each of these is at the sordidly occurring low spots on the site along the channels of existing intentional streams. The larger of the two facilities, 1.4 acres in area, is along the nonh- m edge of the site rand is proposed to he a wet pond for the purpose of water quality coastal for the majority of smmtwater matiff that wiil leave the site. The stormwater detention system is designed to meet the County standard Oat stormwater from a 25 year storm event leaving the site after development will not exceed line stormwater farm a 25 veto storm leaving the site in its current undeveloped condition. THE JOHN R. McADAMS COMPANY, INC Orange County Board of Commissioners June 29.1998 Page J We look forward to reviewing the PDH plans with you and discussing the differ ing community and neighborhood benefits that the open space and recreation ele- ments of this plan present. Sincerely, THE JOHN R. McADAMS COMPANY, INC. Scan Railway, AICP Senior Project Mang SOR/peh cc: Dr. Dubose, Meadowmont Farms LLC Scott Murray, East West Partners (PLEASE TYPE OR PRINT - INK ONLY) 8188 APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: 7 / 6 / 9? f P APPLICATION NUMBER: I . ?f I(Wer) request a Class A Special Use Permit as provided for in Article B. 8.17a of the Orange Crusty Zoning Ordinamce for To construct, and m mta[i- reless telecommunication fagt lit astin ofaa 270 ale supporting lattice structure a osed withinsa 0 x 60 fence locked a uLpment c and lea f Intent and—exii-IlTi—tz subms tted herewsbhomp The following information is provided in support of this request A. PROPERTY INFORMATION: Street Address or Location: Lloyd Town Road Mebane, NC 27302 Orange County Tax Map zoning Distda(s): 24 Block Lo[(s) 21 Township Bingham �g Lot /Parcel Size: 4.40 acres or square feet Number Of Existing Buildings: 0 Gross Floor Area: square feet Number of Proposed Building= Gross Floor Area square fee[ Water Supply: N/A Public (Specify) Community Individual Wastewater Disposal: N/A Public (Specify) Community fadividual School Dis[ri(= N/A Fire District: White Cross General Load Uses sn Area: Critical Areas S[r m /Drs oageway Flood Prone Area Watershed (Specify) Historic Site Other (Explain) s Initial Equipment Ca ne height , width 53", depth B. SITE PLAN INFORMATION: Twenty six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: North paint, scale, and date. Extent of area to be developed. Locations and widths of all easemmm sad rights-of-way within or adjacent to the rite. Location of all existing and Proposed structural an the site. _ Location of all areas an the site subject to flood hazard or inundation u shown on flood maps or solid maim, _ Location of all water courses on the site, including direetioa Of flaw. _ Existing topography at a eoo[aur interval of five (5) feet based an sea level datum. -- . Existing and proposed fenaia &screening, small, parkin& service, and storage Access to size, including sight d'mtanm on alll reads used for access (PLEASE COMPLETE REVERSE SIDE) C. OTHER SUBMITTAL INFORMATION: Elevations of all structures proposed to be used in the development. Two (Z) full-s copies of the applicable Orange County Tax Msp, one (1) copy with the property in question clearly marked. _ The names and addresses of the property owner(s) aad /or applicaut(s), and the names and addresses are all persons owning property within five hundred (SOC)fee of the property in quo Application fee a t by the Orange County Board of Commissioaers. Traffic impact study as required by Article 13 of the Zoning Ordinance. Additional Information regarding the proposed Special Use as required by Article 8 of the Zoning Ordinance. Narrative (or letters from appropriate agencies) indicating: L Method and adequacy of provision or sewage disposal facilities, solid waste disposal, add water service, Where public sewer is our available, a letter from [he Orange County Health Department certifying the suitability of the a ing and /or proposed wastewater treatmeat system for the property. 3. Method and adequacy of police, fire, and rescue squad protection. 3. Method and adequacy of vehicular access tathe size and traff'm conditions around the site. I (We). the applic QHO, hereby c [ify that [he foregoing application and supporting dOCUMMMEatiOrt responsibility mspre rater evidence cto the Board eof Commissioners h lshe form( of testimony, exhibits, documents, smodels, plans ltd she like to support the request for approval or the Class A Spec aLu6e- yip/ y APPLICANT STSHfXTURE(S 0] f 09 ) DATE NOTE: If title to the above mentioned property Is not in the name of the applicant(» . pleue Include a letter from the owner(s) signifying approval of the request. FEES. Amount S 4 ?f 00 Date Paid: 7 ) 6 1 V Receipt • /LO SqI 1 27 GEARON COMMUNICATIONS A DIVISION OF AMFRm AN TOWER SYSTirms IF P Beiretrev I work v (apm n 1 ID 16 XUS0oe ax 51¢ac 0u nF 201. a.LElC., N L Z760 ornce. 9t9.8332301 F. 919 -0]l -2]02 STATE6IE1I OF INTENT German Communications, a division of American Tower Systems, LO hereby requests approval If its Class A Special Use Permit application to construct, mainlein, and manage multiple user fireless communication facility at the property owned by E. Carson Lloyd, Georgic M, Lloyd, James Clayton Lloyd and lean C. Lloyd, located on Lloyd Town Rd., Mebane, NC (TMS a2421) lo¢naucum Gearon Communications and American Tower Systems have merged to become the nation's premler,Silly integrated name development company (collectively - ATS/Gearrn"). It combines the ownership and/or management of more than 1800 woven in ] 8 states with the ability to provide build -m -suit networks, professional services, and faility management services. Over the past six yeas, ATS /Gearon has acquired, for carriers, more than 8,045 sites in 48 states. This includes sites for virtually every wireless provider in the country. EM Gearon Com =lcahom' facility will be compnsed ofa 2)0 lattice s ructure enclosed within a 100- x 100' lease area. The facility will be fenced and locked, ammued by an emement over a private road from Lloyd Town Rd. A forty foot (40') landscape buffer will be installed to screen the fence and equipment cabinets. The family will be unmanned (visited on an avenge of once per month for organic maintmvtce Commis), will not be lit (except as required by FAA regulations), nor emit twig or glaze. Gearon Communications will lease antenna space on the structure to wireless providers, u well u the necessary ground space caw to accommodate their respective necessary equipment. Gearon Comm kadotta will comply with such conditions the Beard ofCommissirnns is emprwued w requ¢e that are deemed reasonable end necessary w afford Pmfecdon ofthc public heal WEE said general Emblem agate fast zubsmndsi lludce is done and equitable treatment provided Gearon Communications cambaly selected and designed the proposed ficullry to provide a stmcture that meets the coverage needs of the primary tenant. BellSouth DCS, will be feasible for collocation, and meet the goals of the community. Oecron Communications Is very sensitive to the naturally of nearby residential propmees and has taken steps to ensure comparability. A free standing lattice structure will be utilized to Mutant the flexibility for future collocation. The proposed structure Is capable of accommodating at least five (5) canters. The proposed facility will cause minimal visual impact to surrounding residential propemes. A "balloon tesi'w s conducted on June 16, 1998, during which a balloon with a diameter o f it v feet was floated raa height of 300 to assess the visual impact of the proposed tower. Photographs of views taken Rom property lines, nearby residential areas, and roadways (along with a map depicting the photograph locations) are attached hereto as Exhibit 2. As you e, the line of sight from Hwy 54 and Movow, Mill Road is completely screened by dense large se mature pints, as well as sheer disrence. The balloon was visible in only one small area on Hwy 54 due to the existing mature vest, topography, and curve the roads. The site will be visible Rom one residence across from the proposed facility, however the existing mature nee; will completely block any view from inside the residence and screen views Rom the Property This particular site was acquired in response to a mquem by BellSouth DCS. BellSouth DCS operates a Personal Commormcationu Service (" PCS") system, providing the latest in wireless communication throughout the Southeast The proposed site is critical for complete coverage of NC Hwy 54 and surrounding areas. Propagation maps reflecting me coverage requirements are attz<hed hereto as Exhibit 3. The process ofdeveloping a PCS system is similar to cellular development in that the Basic Trading Area(" BTK) certain are subdivided into small geogramic sections or ""Its''. Each cell site holds the equipment that provides be air interface to the subscriber units and must be precisely located relative to other "cells' creating a communication grid system. This gnd system most before the topography and vafHc (user population and building deal of the tills" as well as Ste radius of the remands" radiation 5 reliable transmission area. colommon Geumt COmmricadom is not aware of my emstingsvuchne f ible for collaationwiNin one (1) toile of the Proposed facility. Art/ sr s bushes LS on obrwa nnmre As C4J0eme an fu mbudaef. We ate vary crfidmt Stet this will be an Well to um for other mtetested wltelesl mo dm to locate their m[eoou. As outlined shows. AMGefon has a rthtiondi ig `earth virtually every ruler wireless; provider in be Corday- Every site is aggressively marketed on semce a wide crags of wireless technologic bacluding KS (GSM, CDMA, TDMA), Cellular. Paging, ESFBLSh1R, 38ghLW VCICC Fier, 2Way Paging, tte. Notification was sent to aimless providers in the area (sample letter and mailing list attached a Exldbit 4). 1 Communities must develop the necessary communication Infrastructure its they do with sewers, Dads, and other public utilities. Poorly designed or insufficLmt communication infrssh cmre will result in communities not recent able m imports, adequate education, information, and safety services. A direct result and obvious ben%ft of brute. Commumicmions'propaml is tie alleviation of the Proliferation ofunneresary mulfiple towers written a rommuniry hI nts /rte FCrninoComplained The subject property is zonM AR. The proposed facility Is a use Permitted after approval by the Planning Board and Board of Commissioners pamuantto the Zoning Ordinance, Change County, North Carolina ( "Ordinance' ), Amile 8o specifically section 8.8.17A.I "Telecommunication Towers' and all applicable provisions of Articles a, 5, 6, J, 9, 10, and 12. Special Use General Conditions: 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. AS Stated abovey the subject site is critical to providing continuous, quality warless; ce to NC Hwy, 56 and the surrounding residences, businesses, and oaf ic Furthermore. the servces provided wil enhance me Pasc al welfare . For example, (a) over 50,000"911 - calls are made from wireless phones every day, (b) new mobile data materials give police officers Instant access to information needed for critical decisions, and (c) wireless phones arc vital during times of emergency when traditional land line phones am not available or in cases of power failure. 2. The use will maintain or enhance the value of contiguous property. The facility is carefully designed to minimize visual impact on adjacent property. An Impact Investigation prepared by J.F. Smothers be Company is attached hereto as Exhibit 5, verifying that then will he no diminutive effect on property values. 3. The location and character ofthe use will beinformatory with the area in which it is W be located and the use is in compliance with the plan for the physical development of the County. The proposed use will gimme that the permitted use developments outlined in Ns, Ordinance will have adequate access to necessary ces. a. Specific Standards Specific n Sewage disposal faulidm, solid waste, and water. As deplored an the site plan, these art apt applicable to This type of Facility . to Method and adequacy of police, fire and mesa squad protection. Verification boom the appropriate minorities are attached hereto as Exhibit 6. C. Method and adequacy of vehicuW seem to the site and traffic conditions around the site. The facility will be accessed by a private mad Rom Lloyd Towv Ruad as shwa an the sit plans submived herewith and subject m approval ofdmed, tivision Appliwdoodulemaintenance enncummdy. The Ones will bemencemed visitd only for achedubd 7)o use: and of generate (mosture, tteeplan at=Me hones fExhibitot no use: will not genent 800 tripa/day, thertfore a IntRc imWmsnWy is not applicable. Telecommu non Towers Standards of Evaluation a) Setbacks — The facility is sobeck boom adjacent propacl, that is not under common owmenhip and is l«ated in a msidendsl zoning disaict Aimposed in the required setback Gam propertry under common ownership to one -half the height o f the tower is requested. As bell red by the ordinance. an ease me at for the remaining setback is granted by the adjoining property owner. The reduction in setback is requested to minimize the amount of property encumbered by the Proposed use In a mamrer enduing the health, safety and we] l being of the citizens of Orange County . b) Setbacks from nomresidendal property not applicable C) As depicted on the site plans submitted herewith, a Tvpe C Landscape Buffer will be provided. The subject property is currently used for agricultural purposes (crops), therefore there is no existing vegetation. d) As depicted on the site plane, the facility is designed to accommodate at least five (5) user's and equipment e) The facilltywill be Fenced and looked. 0 The tdecommunicahon equipment planned for the proposed tower cannot be accommodated on an existing tower due to allowable reason" - There are no existing funnies within one (1) mile of the proposed thai lity and therefore, none exist in an area where me equipment will function In its intended manner. g) As stated above, the facility is designed to support several additional users. Gearon Commmicaraw is willing to permit other users) to attach communicated facilities which do not interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable omplensation to the owner from such liability as may result farm such attachment. h) The color of the tower is a light steel grog not an corrosive red and white, to minimize its visual impact. i) The will be lighted as required by the FAA - Lights will be white chose during the day and red blinking at night. Gearon Communications utilizes Fiash Technology lighting systems with advanced technology and optics that utilize a namew beam spread, resulting in a red light at night Nat is no more obtnrsive that a 40 wart patio light bulb. J) The town and annerw will hot result in a significant adverse impact on the view of or from and historic sire, scenic road, or major view condor. Please see the abaveef =cell .'Tallommsd'resulu. Gearon Communications is aware of the Bed and Breakfast Ism located at encatice to Morrow Mill Road. As the photographs clearly Shaw, the subject facility will have no negative visual impact on the Wr. The required NEPA evaluations are uMer investor, however Preliminary investigations do not indicate any adverse impact (Exhibit 8). it All abandoned communication records Shall he removed within 12 months of the esaauan of use. Getman Communications agrees to post such band or other securry ressorebly guavSeemg the removal or the rower in the eves that it is abaMOned or unused for a period of 12 mantha. A ranoval sa imare provided by the tower crearma company read by Gr awn Communicadoru is atuched radials as Exhibit 9. 1) The facility will comply with all federal, stare and [mat emission requitemenrs. M) Ceeron communications agree to provide documentation of emission levels in rehron as FCC standards withn 30 days of Imallation of equipment on the tower and widwr 30 days of the vutallalion of any collateral comments in the fugue. 31 Please be advised chat tire site plan submitted urbane reflects the proposed facility as located on a parcel subdivided from the original patent net Approval of the subdlvlsion is being requested concurrently win this APPlication. All exhibits to this Statement of Intent are incorporated by reference into the same. Gearon Communications respectfully requests appro.al of its appl (cation for a Class A Special Use Permit Thank you for your consideration. Please contact Carolyn Briggs with any questions or comments at (9 19) 833 -230 t. ® BELLSOUTH Mobility D(S' wa oh. Nont, Ceafipa t,xis 3uiv 8, 1998 Mr. Eddie Kirk Planner - Orange County 306 F. Rever Road Hillsbarough, NC 27278 Re: BellSouth Mobility DCS use of Oeaton Communications Tower Sites Dear Mr. Kirk, In early 1998, BellSouth Mobility DCS contracted with German Communications for the construction and subsequent collocation on a number of telecommunications tower facilities throughout North Carolina. Two such locations are located in Orange Country; 1) site reference number 368 -210A White Cut located at 1919 Hwy. 54 West, and 2) site reference number 368-2113 Oaks located on Lloyd Town Road. These two sites are critical to BellSouth Mobility DCS to complete contiguous coverage along Hwy. 54 between our existing sites in Camboro and Alamance County. BellSouth Mobility DCS is fully committed and contractually obligated to he the anchor tenant o collocate our anmmac on both of these Gerson Communication sites once constructed. If you have any other questions regarding this matter, please don't hesitate to call me at 919 - 852 -2878. Mincfererely, ` V \ Mike Watson Engineering and Operations Director cc. Carat Briggs- Gearon Communications 122 53A . CA 34 6 1399 \ \( PC. 43U 49962AC. 1 T \u �" \ 60 M1• N 22 > \ C AC. 34" 80.18 AC. ® ;sae 11 49MA 29.16 AC � 1KA 9199 11 'eAL.LOL 1\ �1 66.31 AC. 35 (PLEASE TYPE OR PRINT - INK ONLY) 8138 APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: 7 / I Isr APPLICATION NUMBER: fb j .9P 1 (We) request a Class A Special Use Permit as provided for to Article 8.8 I 7 of the Orange County paring Ordinance for h � ' I facility _ tatic structur nc Losed within a 60' 60 re _ and Please 1 d hsubmitted _ herewith The following information is provided in support of this request A. PROPERTY INFORMATION: Street Addressor Location: Igta ir v Ed a r•b� e Orange County Tax Map 28 Block Louis) Zoning Dis efsk RE Lot /Parcel Size: . ]] acres Number of Existing Buildgs: o Gross in Floor Area Number of Proposed Buildings: Gross Floor Area _ General Land Critical Area: Cane. Lake S. *,J Ikfi ,�i il}SO�binet: height 63 ", width 53 ", depth 25" Twenty -viz (26) copies Of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: _ North point, scale, and dam. Exton[ of area to be developed. Conscious and widths of all eaenteam and rights-of -way within or adjacent td the site. Location of all existing and proposed structures at the aim _ Location of all areas on the site subject to flood banned or inundation a shown on flood maps or loss maps. _ Location of all enter counts s o the site, including dire of flew. _ Existing topography at acont serval or five (5) feet ended on a level distant. - — _ Existing and proposed [seeing, screening, Saves, parking, service, and storage __ Access to site, including sight disnnces on all roads teed for access (PLEASE COMPLETE REVERSE SIDE) She 36 C. OTHER SUBMITTAL INFORMATION: Elevations of all structures proposed to be used in the development. _ Two (2) full -size copies of the applicable Orange County Tax Map, one (1) copy with the property in queseion clearly marked. The add addresses f the proper er(s) and /or appl,caa«s), and the and addresses art persons awning property within five hundred (SOO)afeet of the property in question. Application fee as [ by the Orange County Board of Commissioners. _ Traffic impact study as required by Article 13 of the Zoning Ordinance. Additional iaforma[iau rtgardiug the proposed Special Use as requited by Article g of the Zoning Ordinance. Narrative (or letters (ram appropriate agencies) indicating L Method add adequacy of provision of sewage disposal facilities, solid waste [ disposal, and w service. Where public sewer it act available, a letter from the Orange County Health Department certifying [he suitability of the existing sailor proposed wastewater treatment system far the property. 2. Method add adequacy of police, fire, add rescue squad protection. 3. Mmhad and adequacy of vehicular access to the site and traffic conditions around the sate. I (We), the applicaut(s), hereby certify [hat [he foregoing application and supporting documentation is complete and a re. I understand that is shall be my (our) responsibility to poster evidence to tax Board of Commissioners the farm of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit APPLICANT 51GNI !�E\ ) Carolyn J. Briggs, Zoning Manager `I / 4( /� Deacon Conm,unicaticarc a Division Of DATE American Tower 3016 Hills crocaugh Street NOTE: If title to the above mmtloned propartt $ %a(l2 the name of the appHUnt(s), please Include a letter from the overacts) algnl(yleg approval of the request. FEES: Amount f GG Dare Paid 7 / % / %� Receipt • 19d 6 3] GEARON COMMUNICATIONS A DIVE IOY OF AsEFErcAN TowlIg Sy3aBMjjFI Wirelesy Network Oror loymier ]plsr r. Score IDta NO 27607 Ornee 919 -001201 F.. 919 -Se95 -2]02 STATEbIENT OF INTENT Gearon Communications, a division of Amended Tower Systems, L . hereby requests approval if its Class A Special Use Permit application W construct, maintain, and manage a multiple user wireless communication facility at the property owned by Phillip and Alice Durham located at 1919 Hwy. 50 W, Chapel Hill, NC. fOG➢ducli9n Gearon COWmtuNCmipN and American Tower Systems have merged to become the nation's Commit. fully integrated rower development company (Collectively 'AMSouon y It combines the ownership andmr management of more Nan 1800 towers in 38 states with the ability to provide build -ohnin networks, proressional services, and facility management services. Over the past six years, ATS/Gearon has Command, for tamers, more than 8,045 sites in 48 states This includes sues for virtually every wireless provider in the country. P.aoo.a Gearon Commwicadom' fuility will be compnsed of a 250' self- supppmting lanice S=Cu enclosed within a 100' x 100' lease arts. The facility will he fenced and lacked, accessed by an aument over a proate mid(O'Ny Road) from NC Hwy, 54. Existing vegetation will be retained for the requred forth foot (ad') landscape buffer to screen the fence and equipment cabinets. The fuility will be unmanned (visited on an average of once par month for routine aintem pralww), will not be litfami v required by FAA regulations), nor emit noise or glare. Gwron eommwicadmu will lease antervu spun on Ne s1ud1m: to wireless providers, u well U the vecgwry grotmd space area W ucommodaW their nspxdve necessary equipment. GownComammiwdau will cpnsply with schcoedidoru the EOprd ofCOmmissi is emPo W requae that ate demad tvspnable prod necaatary W afford protection of the public haaltq afery out geneaal webbim, ensue that subsrutial justice is done and equitable VeeDnat provided. E,dc Selection Geron Communications carefully selected and designed the proposed facility to provide a structure that meets the coverage needs mitre prima y smoot BellSouth DCS, will be feasible for collocation, and meet the goals of the community . Cramer Communications is very sensitive to the proximity of nearby residential properties and bas taken steps to ensure compatibility . The proposed facility will cause mummal visual impact to surrounding residential properties. A "balloon test" was conducted on June 16, 1999, during which a balloon with a diameter of five feet was floated at a height of 275' to assess the visual impact of the proposed tower. Photographs of views taken ham property lines, nearby residential areas, and roadways (along with a map depicting the photograph locations) arc amuched hereto as Exhibit 2, As you can se , the line of sight Rom Greenfield Road and Greenfield subdivision is completely screened by dense large, mature pines. Although glimpses of the structure might be seen Ram their rear property lines, it is unlikely due m the wooded areas of the original parent trot (see Subdivision proposal outlined below). The balloon was minimally visible on Hwy 54 and Bethel Church Rd. due to the existing mature trees, topography, and curve of the roads. The balloon was visible in places on Bethel Church Road, but not from any residential structures and was not visible at all from In Mac Road and swrmading roads, North of the subject site. This particular site was acquired in response to a request by BellSouth DCS. BellSouth DCS operates a Personal Communications Semce ("PCS' system, providing me latest in wireless communication throughout the Southeast The proposed site is critical for complete coverage of Hwy 54 and surrounding come West of Canberra. propagation maps reflecting the coverage requirements are allachcd hereto as Exhibit 3. The process of developing a PCS system is similar to cellular development in that the Basic Trading Arcs ( "BTA") regions as subdivided own small geographic sections or "cells'. Each cell site holds the equipment [bet provides the air interface to the subscriber Sits and most be precisely located relative to often voclis" creating a communication land system. This gnd system must reflect the topography and traffic (ur Tpopulation and building density) of the 'calls" a Well u the (adios of the respective integral reliable care mission arcs. Co-location German Communications is not aware of any existing structure f ible for collocation within one (1) rude of the Proposed facility. ATS/Crman'a bufln¢r4 m nation rawV W celecefe on W tbamomm. We are very confident that thin will Be an Ideal kandron for otba i stetmed wvelm prominent to losses basic antmmu. An outlined above, AM(Iaron ha a relationship wiN virtually every paler wireless Emotions in the Country. Every site is aggreamely marketed to navies a wide range of waeiea techvobgia mcludipg KS (GSM, CDMPu TDMA), Cellular, Paging, ESMR/SMR, 3891a /tl'Gelas Fiber, 2Way Paging, ex. NodPwuon was sat to wastes; providers in Ne am (sample letter acrd mailing Ind attachM as Ealubir 4). 39 Communities most develop the necessary cottwwi<adon infrastructure as they do with servers, roads, and other public militia. Poorly designed or insufficient communication infracweture will result in communities not being able to provide adequate education, information, and safety scrones Aare .Suit and obvious hsuefd of Game, Cammunkationx'p . opaxa(6 the aflewatr n of the pr fermion of unnecessary multiple m.vaz within a community Men =t� hours: The subject property is zoned RE. The proposed facility is a use parramrd after approval by the Flaming Board and Board of Commissioner purmantto We Zoning Ordinance. Orange County, North Carolina ( "Ordinance'), Article 8, specifically motion 8.8.17A.1 urelttommuni neon Towers" and all applicable provisions of Articles 4, 5, 6, J. 9, 10, and 12. Please note that he subject property is located within the University Lake Protected Watershed Overlay District. The proposed facility is remained In this cursor. pursuant to information received firm Orange County Flaming Department Staff Special Use Genenl Conditions: 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. As s%ted above. We subject site is ethical to providing continuous, quality fireless service 0 Hwy 54 East of Carmine, and the surrounding residences, businesses, and traffic. Furthermore, the services provided will enhance the general welfare. For ample, (a) over 50,000 "911' calls are made from wireless phones every day, (b) new mobile data tetmitulz give police officers consul access to information needed for critical decisions, and (c) wireless phones are vital during times of emergency when traditional land line phones arc not available or in cases of power failure . 2. The use will maintain or enhance the value of contiguous property. The facility is carefully designed to madame visual impact on adjacent property. An Impact Investigation prepared by J F. Smathers & Company is attached herein as Exhibit 5, verifying that then will he no diminutive effect on property values. 1. The location and character of the use will be in harmony with the area in which it u to be located and nine use k in compliance with the plan for the physical development of the County. The proposed use will mswe that the permitted um developments Outlined in the Ordimnce will have adequate access to nnesnry manor emvii 4. Specific Standards n. Sewage dispusalfnalittlq mild waste, and water. As depicted an thou site pkq them tee not applicable to this type of facility. Is. Method and adegoary of polkea Era and reserve along protection. Verifications Gam We appropriate authorities are am JWJ hnem as Exhibit 6. C. Merged and adeluary of vehloolor names to the site and traffic conditions vaned the site The faulty, will he accessed by an approved Private red (O'Day Road) Gom NC Hwy 54 as shown an me site platy submitted hnewiW. The existing provate road u not hi ampiiaace, however Oearon Commwiwtions will bring We Pointer road into compliance. The facility will be mmmtmed, visited only fm scheduled maintenmme and emargmcier 60 (maintenance plan attached hereto as Exhibit 7), The use will not generate 800 arms, day, therefore a traffic impact study is not applicable. Telecommunication Towers Standards of Evaluation a) Setbacks -The facility Is setback from adjacent property that is not under common ownership and is located in a residential zoning district A reduction m the required setback from property under common ownership to one�half the height of the tower is requested. As required by the Ordinance, an easement for the remaining setback is granted by the adjoining property owner. The reduction in setback is requested to minimize the amount of property encumbered by the proposed use in a manner ensuring the health, safety and well being of the rivers of Orange County. Pursuant to Orange County Planning Staff the guyed points and the respective fencing and landscaping may be located within the standard building sabacks. b) Setbacks For non- tendential property not applicable C) As depicted on the site plans submitted herewith, a Type C Landscape Buffer will be provided, maximizing the retention of existing vegetation. d) As depicted on the sits plans, the facility is designed to accommodam at least five (5) user's mtermaz and equipment. e7 The facility will be fmced and locked. f) The telecommunication equipment planned for the proposed tower cannot be accommodated on an existing tower due to allowable reason p6 -There are no existing facilities within one (I) mile of the proposed Facility and therefore, none exist in an area where the equipment will friction in its Intended manner. g) As stated above, the facility is designed to support several additional users. (Searon Communications is willing to permit other estate) to attach communication facilities which do not Interfere with the primary purpose of the tower, provided that such other users agree to negotiate a reasonable compensation to the owner form such liability as may result form such atachmmt. IS The color of the tower is a light steel gray, not an obvwive red and white, to its visual impact 1) Th minimize Iowa will be lighted as requtrcl by the FAA- Lights will he white strobe during the day vW red blinking at night (Bearon COmmwications utilizes Flash Txhnology lighting systems widt advanced tacMOlogy and optics that utiliu a narrow beam spread, resulting in a red light at night that is no more obtrusive that a ro wan patio light bulb. j) The tower mot m[aua will not result in a significant adverse impact on the view ofor&am any ldsmrie site, scenic road, or major view condor. Please see the above refertsmced balloon teal' giants. The IMUUM NEPA cvslumours are modem review, however pelimmary investigations do not indicate my advax impact (Exhibit 8). k) All ffimdonedc mimfim towers stall be removed within 12 months of the exemption of use. Gearon COmmwicatiov agrees m part such band or other wry, seasonably 8wmntecing the removal of the tower N Ne event Net it is ebmdonM Or uaused(ar a period of 12 manNS. A removal ntimate provided by dre tower eratm company used by Gown Commnmicadorns a reached hesem as Exhibit 9. 1) The facility will comply with all Federal, sate and local emission requirements. ai M) Gearon Communications agrees to provide documentation of emission levels in relation to FCC sandards within 30 days of installation of equipment on the tower and within 30 days of the mortallai of any addidorrit equipment in the future. SLhLl ,lon Please be advised d at dle site plan turnaround herewith reflects the proposed basedlty as located on a parcel subdivided from the original parent tna. Approval ofthe subdivision is being requested concurrently with this Application. All exhibits m this Statement of Intent are ricotporated by reference Into the same Gearon Communications respectfully requests approval of Its application for a Class A Special Use Permit. Thank you for you consideration Please contact Carolyn 9nggs with any questions or comments at (919) 833 -2301 co ® BELLSOUTH Mobility � 42 ocs r.,e aieiah Jbnn Carolina Ett6 July 8. 1998 NE Eddie Kirk Planner - Orange County 306 F. Rover Road Hillsborough. NC 27278 Re: BellSouth Mobility DCS use of Gowns Communications Tower Sites Dear Mr. Kirk, In early 1998, BellSouth Mobility DCS contracted with Gawks Communications for the construction and subsequent collocation on a number of telecommunications tower facilities throughout North Carolina Two such locations are located in Orange County: 1) site reference number 368.210A White Cross located at 1919 Hwy_ 54 West, and 2) site reference number 368 -2118 Oaks located on Lloyd Town Road. These two sites are critical to BellSouth Mobility DCS to complete contiguous coverage along Hwy. 54 between our existing sites in Carmom and Alamance County. BellSouth Mobility DCS is fully committed and contractually obligated to be the anchor tenant to collocate our antermas on both of these German Communication sit" once constructed. If you have any other questions regarding this matter, pleas don't hesitate to call me at 919- 852 -2878. Sincerely, M, ` I \ t+ — Mike Watson Engineering and Operations Director our Caplyn Briggs- GranCommunications I mac zeo v \J .� za6rc. i v y I I jJ 51aC. � u�Y i2_ pp 9 sz Y,;: 1 'x' ROBERT. o. BROOKS. 7 L$ W :W NREX T SNANILEY, ���Bf .i 4] \ O6 O- oars - -- 26 AC. I O• `/ I 19.6)9 AC� xaeo I mac zeo v \J .� za6rc. i v y I I jJ 51aC. � u�Y i2_ pp 9 sz Y,;: 1 'x' ROBERT. o. BROOKS. 7 L$ W :W NREX T SNANILEY, ���Bf 45 PROPOSED ORDINANCE A RNDNIENT [DRAFT) REFERENCE: SUBDMSION REGULATIONS W -13-9 -a Lmtdvcape aM BoEm Rego,emems- AppkaWay ORIGM OF A ME"MENT: X Staff _Pbnring Board BOCC Public Othcr EXPECTED PUBLIC HEA GDATE: Autrua 24. 1998 Puroox of Amendment To clef appimaion of the IaMa pe yu"he u conmmN in Section N -B-S to a bt gemar than ten (10) acres to s when stow, as a midual parcel m a subdivision subject to the regulation. Immct um AcmNmg to the North Cmolba Garerd Sm Chapter 153A -335 and tle Omogc Cowry Subdv ma Regub orr;. lots gtemm thw ten aire to six are not subject to review when they are cmatM m part OfadevebPnrnt where a of the loom ,verkn aces eachaMm m nghtof-way isded'v W} otractu mbdivMM mw lots sax of are smaller Dims lm acres aM the mmain'vtg acreage is room thin to theresidual Pined m subjem t0 au Of the te,Iuveroems, eve, though the owmr's intent a not w sdl or devebp the temaiMer. M free protection requheroenos and od er devebpmera restrbtiorvs are documented be aDttbrationofDevebpmem Restrictions and R quireomms prepared by t PUmmg Stalt sigvM by Ne subdivuionowner. aal recorded whh the Foal Pmt at the Register ofDeeds.Mer thesubdivi UPWand Decmrotionarerecordedten rermval u resold[ d on all ofthe bts in the subdivision Muding the remawng acreage which may be an active fum or under a twber management proom The proposes evrndmenr wood ebnbare de potential for doer Subdivision Regulators prohbrtmg agrmumwl ope ntiom and trainer mamgenmd: opn ruoos. bolt of whbh are mw exempt fiom mwtg regubtions. The sagga7N avminteon t t drown bebw adds hngwage to the Applicabany prorisbm ofSeman IV-B-8 which defect application of dm bat ape aMbuffer requhemm�a to new subdivision bts Wt we larger then ten aces. Lots k s th n ten acres m size control through any Burner subdivison of dm resident pereel won a be subject to complete mbdvisoon revkw, mchWmg brdxat,mg and use protamnsmrdard P.sier rig and Proposed Ordinance PrtniWooa: (proposedrm unslerUPW4 IV -" LANDSCAPE AND W -B a APPLIC,43M Y Ordmame Revlew conmut«: ]/14199 Pmmmg Baal BOCC: