Loading...
HomeMy WebLinkAboutORD-2004-010 - PD-1-03 State Employees Credit Union Addition Rezoning & Class A Special Use Permit©~~~ ~ooy~d ~~ ~~~ ~~~~ RESOLUTION a°~/ ~ ~` ~~ ~7 ~~~ OF THE R `~' ORANGE COUNTY BORD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR PLANNED DEVELOPMENT OF STATE EMPLOYEES CREDIT UNION Date: March 4, 2004 Owners: ~ State Employees Credit Union The Board of County Commissioners hereby approves a petition submitted by State Employees Credit Union to amend the Orange County Zoning Atlas by rezoning from Economic Development -Limited Office 1 (ED-LO-1) to Planned Development Economic Development Linear Office (PD-ED-LNR), Special Use Permit, Class A property located at the intersection of 01d NC 86 and Oakdale Drive (SR 1133) being further identified in the. Orange County Land Records Office by Parcel Identification Numbers, 9863-97-4356 and 9863- 97-5102 and containing 3.25 -acres more or less. The property is identified by the following legal description: BEING All of the property entitled Recombination Survey for STATE EMPLOYEES CREDIT UI\TION HILLSBOROUGH, NC. dated June 8, 1998 and recorded in Plat Book 81, Page I4 of the Orange County Registry to which plat reference is hereby made for a more particular description of the same. and, BEING All of Lots 62, 63, 64, 65, 78A and 78B of Gray W. Lloyd Property according to survey and plat of F.M. Carlisele, C.E. ,dated January 14, 1949 and recorded in Plat Book 5, Page 110 of the Orange County Registry to which plat reference is hereby made for a more particular description of the same. This ordinance shall become effective upon approval. The foregoing ordinance having been submitted to a vote received the following vote and was duly adopted this 4th day of March, 2004. Ayes: Jr' Noes: 0 ~- Absent or Excused: a ~uTY Jaco Orange Co tlas Amendment P~ 314 ~ ~~ ~'~a. RESOLUTION OF THE ORANGE COLIVTY BOARD OF COUNTY C01~~IISSIONERS APPROVING A SPECI_AL USE PERNIIT, CLASS A STATE E11~IPLOYEES CREDIT UNION Date: March 4. 2004 Applicant/Owner: State Employees Credit Union The Orange County Board of County Commissioners hereby adopts as its -own the Planning Department findings recommended to the Planning Board concerning compliance with specific standards as detailed in Exhibit A hereto, and by and through its approval of this Special Use Permit, conditioned on compliance with conditions of approval 1 through 12, herein, finds that the site plan as revised herein meets the Hillsborough Area Economic Development District Manual transportation capacity and access guidelines and the following general conditions for special uses: 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; 2) The use will maintain or enhance the value of contiguous property;.and 3) The location and character of the use, if developed according to the plan 'as submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the general plan for the physical development of the County as embodied in the Orange County Zoning Ordinance, including the Orange County Hillsborough Area Economic Development District Design Manual, or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. The Board's findings herein relate to the application submitted by the State Employees Credit Union for a Planned Development and Special Use Permit, Class A, for State Employees Credit Union and the site plan drawings #LA-2,3, 4, 5, 6, 7 and 8 dated November 3, 2003 (date on Registered Landscape Architect's Stamp) applicable to the following property (hereafter "the. Property") and subject to the following conditions: Located at the- intersection of Old NC 86 and Oakdale Drive (SR 1133) being further identified in the Orange County Land Records Office by Parcel Identification Numbers, 9863-97-4356, and 9863-97-5102 and containing 3.25 acres more or less. The Property is identified by the following legal description: BEING All of the property entitled Recombination Survey for STATE EMPLOYEES CREDIT UNION HILLSBOROUGH, NC. dated June 8, 1998 and recorded in Plat Book 81, Page 14 of the Orange County Registry to which plat reference is hereby made for a more particular description of the same. and, BEING All of Lots 62, 63, 64, 65, 78A and 78B of Gray W. Lloyd Property according to survey and plat of F.M. Carlisele, C.E. ,dated January 14, 1949 and recorded in Plat Book 5, Page 110 of the Orange County Registry to which plat reference is hereby made for a more particular description of the same. G:\CurrentPlanning\Eddie\SECU\Special Use Permit Resolution 1. Sewer and water lines shall be extended at the time of site development. 2. Parking, landscaping and buffers shall be installed and maintained as shown on the November 3, 2003 site plan (date on Registered Landscape Architect's Stamp) as revised by the applicant in the revised site plan presented at the March 4, 2004 Board of Commissioner Meeting. Existing trees will be preserved wherever possible. 3: .Sidewalks shall be constructed and maintained by the State Employees' Credit Union until the Property is annexed by the Town of Hillsborough. 4. All NCDOT construction requirements shall be met. Rights-of--way shall be dedicated where required. 5.. One right in/right out access entrance on Old NC 86 shall be permitted. 6. A stub out to the south shall be constructed as indicated on the November 3, 2003 site plan (date on Registered Landscape Architect's Stamp). Across-access easement agreement shall be approved by the County Attorney's office prior to recordation of Special Use Permit. 7. An easement shall be provided to the western property line for a possible future stub out connection to the potential extension of Millstone Drive. Across-access easement agreement shall be approved by the County Attorney's office prior to recordation of Special Use Permit. 8. An easement shall be provided across the southwest corner of the property for a possible future stub out connection to the potential extension of Millstone Drive. Across-access easement agreement shall be approved by the County Attorney's office prior to recordation of Special Use Permit. 9. The Applicant shall deconstruct the existing house and accessory structure on the site. 10. The Orange County Manager is authorized to make a written request on behalf of Orange County of the North Carolina Department of Transportation to design and construct, at NCDOT expense, an eastbound right turn lane adjacent to the Property at the intersection of Oakdale Drive and OId N.C. 86 in order to facilitate vehicular entry from Oakdale Drive to southbound OId N.C. 86. The State Employee Credit Union shall contribute up to $25,000.00 towards this right tum lane project in the event that NCDOT funds available for it are inadquate in an amount not exceeding $25,000.00. 11. This Special Use Permit shall automatically expire within twelve (12) months of the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of the time limit is approved by the Board of County Commissioners as provided by Section 8.4.11 of the Orange County Zoning Ordinance. 12. If any condition of this Special Use Permit shall beheld invalid or void, then this Special Use Permit shall be void in it's entirety and of no effect. This Special Use Permit, Class A shall become effective upon approval. Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the 4th day of March, 2004. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 4, 2004 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. G:\CunentPlanning\Eddie\SECU\Special Use Permit Resolution ~_ WITNESS my hand and the seal of said County; this ~ day of , 2004. Clerk to the Board of Commissioners G:\CurrentPlanning\Eddie\SECU\Special Use Permit Resolution Exhibit A FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT PERTA1NiNG TO STATE EMPLOYEES CREDIT UNION APPLICATION: James C. Blaine -President of State Emplovees Credit Union Planned developments must comply with general and specific standards as set forth in Article 8 for Special Uses as well as those set forth in Article 7 for Pianned Developments. Article 8.2.1 b) requires written findings certifying compliance with the following: (1) Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into two (2) sections which include: (a) Application components; and (b) Specific standards for Planned Developments (Article 8.8.23 refers to Article 7 standards) and Special Uses (Article 8.2.4 and 6.29.2). (2) Other requirements as set forth in the Hillsborough Area Economic Development Districts Design Manual. Listed below are the findings of the Orange County Planning Department regarding the application in question. The findings have been presented by Article and. requirement to assist the Planning Board in its deliberations. ARTICLE 8.6 AND 8.8 -APPLICATION COMPONENTS ("Yes".indicates compliance; "No" indicates non-compliance) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements 8.6 -Application submitted on _x._Yes No forms providing full and accurate description of proposed use, including location, appearance and operational characteristics. 8.8 a) -Twenty-six (26) copies of _x_Yes No the site plan prepared by a registered N.C. land surveyor, architect, or engineer. 8.8 b) -Elevations of a!I _x Yes No proposed structures to be used in the development. 8.8 c) -A fee, as set by the _x_Yes No Board of County Commissioners. A complete application on appropriate forms has been submitted. Twenty-six (26) copies of the site plan, prepared by Obrien Atkins Architects have been submitted. Elevations are shown on the plans. The State Employees Credit Union building and remote teller station are the only buildings proposed. The application fee has been paid. 1 2 ARTICLE 8.8.23 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS l"Yes" indicates compliance: "No" indicates non -compliance) Article 8.8.23 indicates that the application shall comply with the applicable sections of Article 7 -Planned Developments ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS ("Yes" indicates compliance; "No" indicates non-compliance PLANNING BOARD RECOMMENDED FINDINGS Ordinance Requirements Article 7.4 indicates the application must first comply with all requirements specified in Article 20 - Amendments. Those requirements include: 20.3.2 a) Map showing affected property at scale of not less than 1 "=100' nor more than 1 "=20'. `20.3.2 b) Legal description of ProPeftY• 20.3.2 c) Explanation of alleged error, if any, to be corrected by proposed amendment. 20.3.2 d) Changed conditions, if any, which make amendment reasonably necessary to promote public health, safety and general welfare. 20.3.2 e) Manner in which proposed amendment will carry out purpose and intent of adopted Comprehensive Plan. EVIDENCE SUBMITTED TO SUPPORT FINDINGS _x_Yes No Site plan provided at a scale of 7 "=20'. _x_Yes No The legal description was _ provided. Yes No N/A - No error alleged. N/A _x_ Yes No N/A -The property is zoned N/A _x_ Economic Development District-LO-1. The proposed -zone is PDED-LNR. A Planned Development Special Use Permit is required since several requirements can't be met. _x_Yes No The application indicates that Goal Six of the Comprehensive Plan encourages the promotion of economic development which emphasizes employment, meeting local needs while preserving the character of communities and protecting the natural environment. Goal Nine also encourages the provision of water and sewer lines. 3 ARTICLE 7 - SPECIFIG STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (` Yes" indicates compliance• "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for a Planned Develooment- Economic Develooment designation. The criteria for. the Economic Development district are set forth in Article 4.2.19 and are as follows: a) The district is located adjacent to a Federal Interstate Highway or a major arterial road. b) The district is located outside of the Chapel Hill- Carrboro Rural Buffer area as designated in the adopted Comprehensive Plan. - c) The district shall not be located within the critical area of a designated water supply watershed. d) .Urban services, such as water and sewer mains, are desirable, but not required if acceptable alternatives are available. x Yes No The district is located adjacent to Old NC 86, a major arterial road. x_Yes No The district is located outside of the Chapel Hill-Carrboro Rural Buffer. x Yes No The district is not located in the critical area of a water supply watershed. _x_Yes No Water and sewer lines are available at the site. 4 ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS {"Yes" indicates compliance• "No" indicates non -compliance) {continued) PLANNING BOARD RECOMMENDED FINDINGS Ordinance Requirements EVIDENCE SUBMITTED TO SUPPORT FINDINGS Article 7.4 then indicates the application must comply with certain specific requirements common to all Planned Developments. These include: 7.4.1 So located with respect to major streets and mass transit facilities and designed so as not to create traffic on minor streets in residential districts. _x_Yes No Access is provided via Oakdale Drive and to Old NC 86. No minor residential streets will be affected by this project as proposed. 7.4.2 So located with respect to water, sewer and storm drainage facilities that enlargement or extension will not result in higher net public cost or earlier incursion of public cost. and So located with respect to police, fire and rescue services, and schools and parks so as to have access in the same manner as permitted under the existing zoning. _x_Yes No The proposed development has public water and sewer, therefore, no higher net. public cost will result. _x_Yes No Letters regarding adequate service provision have been received from the Sheriff's Department, and fire and rescue services. 7.4.3 Site suitable for _x_Yes No The site is not located in a development within hazard from flood .hazard or poorly drained flooding, erosion, and soil area. subsidence of slipping. 5 ARTICLES 29 DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance• "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Reouirements 6.29.2 Design Review Process 1. Building elevation drawings _x_Yes No Building elevation drawings for each proposed were submitted with the site structure. plan. 2. A minimum of two (2) _x_Yes No Existing and proposed grades, drawings of sections as well as the relationship of through the site illustrating site features are indicated on existing and proposed the site plan. grade, as well as the relationship of different site features. 6.29.3a Standards in the Hillsborough Area Economic Development District Design Manual Standards generally _x_Yes No .The site plan has been a) Harmonious and efficient organized harmoniously and organization. The site plan shall efficiently to indicate existing be organized harmoniously and ~ topography, size and type bf efficiently in relation to existing lot, character of adjoining topography, the size and type of property, type and size of plot, the character of adjoining buildings to provide for orderly property, and the type and size development with minimal of buildings. The site will be disturbance. developed to facilitate orderly development of surrounding property and with minimal disturbance- to the natural environment. b) Preservation of natural state. _x_Yes No Vegetation and natural Desirable vegetation or other features have been preserved unique natural features shall be when practical. The Plan preserved in ,their natural state includes the locations of all when practical. The existing trees 12" in diameter. Environmental Protection Plan shall include the locations of all existing trees 12" diameter four feet above the ground. c) Enhancement of residentiai _x_Yes No The site plan provides privacy. The site plan shall reasonable privacy for provide reasonable visual, adjacent dwelling units lighting, and sound privacy for through plantings, topography all adjacert dwelling units. and lighting that meets the Orange County .lighting standards. 6 ARTICLE 6 29 DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT fED1 DISTRICTS ("Yes" indicates compliance• "No " indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Reouirements d) Emergency access. _x_Yes No Emergency access is provided Structures and other site through the two entrances. features shall be arranged to One on Old NC 86 and one on permit practical emergency Oakdale Drive. vehicle access to all sides of buildings. e) Access to public ways. _x_Yes No Access is provided to Old NC Every structure and dwelling 86 and Oakdale Drive. unit shall have access to a public street, walkway or other area dedicated to common use. f) Non-motorized circulation. A _x_Yes No Walkways are existing around non-motorized circulation the existing building and will system shall be provided which be extended around the is direct, efficient, and pleasant.. addition and along Old NC 86. The system . .shall be complementary to, but independent of the vehicular circulation system. g) Design of access and egress _x_Yes No Two access and egress drives drives. The location, size, and exist now. The proposal is to numbers of ingress and egress provide one new entrance on drives to a site will be strictly Old NC 86 and change the old limited to minimize the negative.. entrance to a right in, right out impacts on public streets and only however, NCDOT is on adjacent property. This shall recommending only one include formal entryways and access on Old NC 86. The access to outparcels from Planning Staff is recommending this access be inside the development only. aright in and right out only. h) Coordination with off-site _x_Yes No The arrangement for circulation systems. The circulation coordinates with the arrangement of rights-of-way or pattern of existing circulation easements for circulation shall and streets. Connection to coordinate with the pattern of adjacent properties is existing and planned streets, proposed when adjacent pedestrian and/or bicycle properties are developed. pathways and transit routes in the area. Connection to adjacent properties is encouraged where possible. 7~ ARTICLE 6.29 -DEVELOPMENT STANDARDS FOR EGONOMIG DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance: "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED. FINDINGS TO SUPPORT FINDINGS Ordinance Rectuirements i) stormwater control. _x_Yes No Orange County Erosion Protective measures shall Control has reviewed ensure that removal of protective measures for stormwater runoff will not removal of stormwater runoff.. adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for construction of wastewater facilities including grading, gutters, and piping to direct stormwater and prevent erosion. Surface water. on all paved areas shall be collected at intervals that do not obstruct vehicular or pedestrian traffic. j) Exterior Lighting. Location, _x_Yes No .Exterior lighting meets all type, size and direction of requirements including glare, exterior lighting shall not glare direction and safety or direct illumination that requirements of the lighting interferes with adjacent standards in the Orange properties or safety of public County Zoning Ordinance. rights-of-way. k) Protection of property _x_Yes No Elements of the site plan have values. Elements of a site plan been arranged. to provide shall be arranged to have setbacks and buffers to have minimum negative impact on minimum negative impact on values of adjoining property and adjoining properties. other on-site uses. Specific standards The ED-LNR zone requires Unless otherwise indicated structures less than 5,000 here, the. relevant standards for square feet, no drive through the specific Economic facilities and a building height Development Districts shall restricted to 30 feet. The apply. Where actions, designs, applicant is requesting the or solutions proposed by the Board make specific applicant are not literally in modifications on these accord with the applicable requirements to allow the regulations of this ordinance, following: but the Board of County 1. Two structures on the site. Commissioners makes a finding The existing building will be in the particular case that public expanded to 7,334 sq. ft. and purposes are satisfied to an the remote teller station is 634 equivalent or greater degree, sq, ft. with a proposed new the Board may make specific canopy of approximately 2,000 modification of the regulations sq. ft. in the particular case. Any 2. Relocate existing drive modification of regulations shall through lanes and add a fifth be explicitly indicated in the one. approved permit. 3. The existing building height is 35 feet. 8 ARTICLE 6.29 -DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance: "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements a) Relationship of buildings to site. 7. The site shall be planned to _x_Yes No Plantings, walkways and provide for adequate parking areas have been so planting, safe pedestrian designed to extend the movement, and parking existing development and areas. provide adequate facilities. 2. Parking -areas shall be _x_Yes No Plantings, berms and the treated with decorative building will be used to screen elements, building wall parking areas from view. extensions, plantings, berms, .or other innovative means so as to screen parking areas from .view from public ways and reduce ' heat generated by paved areas. 3. Without restricting the _x_Yes No .Building height in the ED-LNR permissible limits of the is restricted to 30 feet, applicable. zoning district, however, the existing. building the height and scale of each is 35 feet. The applicant is building shall be compatible requesting the Board make a with its site and existing or finding that public purposes anticipated adjoining are satisfied and make a buildings. specific modification to this requirement. 4. All utility services shall be _x_Yes No All utility services will be underground. underground. b) Relationship of buildings and site to adjoining areas. 1. Attractive landscape _x Yes No Attractive landscaping has transition to adjoining been provided around the properties shall be provided. existing building and will be extended with the addition. 2. Lighting intensity at the _x_Yes No Lighting intensity at the property line adjacent to property line adjacent to the residential uses shall not be residential uses do not exceed greater than Yz footcandle. '/z foot candle. 9 ARTICLE 6.29 -DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance: "No " indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements c) Building design. 1. Architectural style is not _x_Yes No Architectural style and restricted. Evaluation of appearance will match existing the appearance of a project building facades. shall be based on its relationship to the surroundings. Primary and pedestrian facades are encouraged to complement and reflect the characteristics of downtown Hillsborough. 2. Specific building materials _x_Yes No Appearance of the project are not endorsed. addition is based on existing Evaluation of the surroundings.. appearance of a project shall be based on the relationship to surroundings. i. Materials and design shall _x_Yes No Materials and design be compatible with each compatible with existing other in multiple building building. projects. ii. Materials shall be selected x Yes No Materials were selected to be for suitability to the type of compatible with existing buildings and the design building. in which they are used. Utilitarian materials shall be limited to inconspicuous facades and non-public or service areas. Materials with unique or special character are encouraged. 3. Buildings and building _x_Yes No Building components have the .components, such as walls, same proportions as the windows, doors, eaves, and existingbuilding. parapets, shall have human proportions and. relationships to .one another. 10 ARTICLE 6.29 -DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance: "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements 4. Mechanical equipment or other utility hardware on the roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so .located as not to be visible from any public ways. This provision does not apply to the installation of electric vehicle charging stations. 5. .Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. 6. Recycling and waste removal areas, service yards, storage yards, and exterior work areas shall be located away from and screened from view from public ways, using materials as stated in criteria for equipment screening. Areas shall be sized to accommodate changes in technology and local refuse ordinances. 7. Variation of detail, form, material, and siting may be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance: _x_Yes No _x_Ye No s _x_Ye No s _x_Ye No s Existing mechanical equipment is located behind the building. The additional mechanical equipment needed will be located beside the existing equipment. Exterior lighting will be harmonious with existing exterior lighting and will meet lighting standards in the Orange County Zoning Ordinance. Waste and recycling will be handled as it is currently handled. The proposed drive-thru will be separated from the existing building with a remote teller office. 11 ARTICLE & 29 -DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance• "No " indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements d) Landscaping and site _x_Yes No Much of the existing treatment. Landscape landscaping will remain. .New elements included in these landscaping will be added criteria consist of all forms of around the addition consisting planting and vegetation, of plantings consistent with the ground forms, rock existing vegetation. groupings, water patterns, and all visible construction except buildings and utility structures. New and existing vegetation shall be maintained in a flourishing manner. 1. Natural or existing _x_Yes No Topography will only be topographic patterns modified as necessary to contributing to the beauty accomplish additions. and utility of a development shall be preserved and .developed. Modification to topography will be permitted where it contributes to good appearance and does not adversely ,affect significant natural features and drainageways. 2. Grades of walks, parking _x_Yes No Grades of new walks and spaces, terraces, and other paved areas will be consistent paved areas shall provide an with existing grades and inviting and stable provide a stable appearance. appearance.. 3. Landscape treatment shall _x_Yes No Landscaping will enhance be provided to enhance architectural features and the architectural features, visual corridor along Old NC strengthen vistas and 86. The larger remaining trees important visual corridors, will also provide shade. and provide shade. 4. Unity of design shall be _x_Yes No New landscaping will be added achieved by repetition of with varieties of plantings certain plan varieties and consistent with existing other materials and by vegetation.- correlation with adjacent developments. 12 ARTICLE 6 29 DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS ("Yes" indicates compliance• "No" indicates non -compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Reouirements 5. Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design, and of good appearance can be allowed. 6. Appropriate curbs, tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. 7. Parking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings. 8. Service yards and other unsightly places -shall be screened by use of walls, fencing and/or planting. e) Signs 1. Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use Permit. 2. Every sign shall be designed as an integral architectural element of the building and the site to which it principally relates.- 3. The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates. x Yes No ~ Plant material was selected based on existing vegetation. Native plants have been selected that are harmonious to the design. x Yes No Curbs are existing and will be extended toproteet plants. x_Yes No Parking areas and trafficways have been landscaped. 'x Yes- No There are no service yards - - proposed. x_Yes No Existing sign will not be changed. No additional signs are proposed. x Yes No Existing sign will not be changed. No additional signs are proposed. x Yes No Existing sign will not be changed. No additional signs are proposed. 13 ARTICLE 6 29 DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOP>VtENT (ED) DISTRICTS ("Yes" indicates compliance• "No " indicates non :compliance) (continued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements 4. The number of graphic _x_Yes No Existing sign will not be elements on a sign shall be changed.. No additional signs held to the minimum needed .are proposed. to convey the sign's major message and shall be composed in proportion to the total area of the sign face. Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the • design, and of good appearance can be allowed. 5. Freestanding signs shall not _x_Yes No Existing sign is not pole- be pole-mounted. mounted. f) Maintenance, planning and design factors. 1. Materials and finishes shall _x_Yes No Exterior materials .consist of be selected for their brick and stucco for durability, durability and wear as well wear and appearance. as for their beauty. Proper .measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. 2. Provisions for cleaning _x_Yes No Configurations that tend to buildings and structures and accumulate debris and dirt control of • dirt and refuse ~ have been avoided. shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided. 14 ARTICLE 6.29 -DEVELOPMENT STANDARDS FOR ECONOMIC DEVELOPMENT (ED) DISTRICTS f"Yes" indicates compliance: "No" indicates non -compliance) ~cantinued) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements g) Transportation Network Capacity Two access and egress drives exist now. NCDOT is recommending one entrance on Old NC 86 instead of the two that are proposed. The existing 4 drive through lanes will be relocated and a fifth one added. The ED-LNR zone does not allow drive through facilities, therefore the applicant is requesting the Board make a finding that public purposes are satisfied and make a specific modification to this requirement 15 ARTICLE 8.2.4 -SPECIFIC STANDARDS ALL SPECIAL USES ("Yes" indicates compliance; "No" indicates non -compliance) PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Reouirements Article 8.2.4 requires the applicant to address the following: a) Method and adequacy of _x_Yes • No provision for sewage , disposal facilities, solid waste and water service. b) Method and adequacy of _x_Yes No police, fire and rescue squad protection. c) Method and adequacy of _x_Yes No vehicle access to the site and traffic conditions around the site. Applicant indicates water and sewer will be supplied by Hillsborough. Fire protection will be provided by the Hillsborough Fire Department, rescue service by the Orange County Emergency Management, and police protection by the Orange County Sheriff's Department. The property will have .direct access onto Oakdale Drive and Old NC 86. A traffic impact analysis has been requested. Changes may be made to the site plan to meet NCDOT and .the Orange. County Transportation Planner's recommendations. 16 ARTICLE 8.2.1 & 8.2.2 -APPLICATION COMPONENTS t"Yes" indicates compliance• "No" indicates non -compliance) SUBMITTED INFORMATION (SEE ATTACHED APPLICATION EVIDENCE SUBMITTED INFORMATION) TO SUPPORT FINDINGS Ordinance Requirements In accordance with Article 8.2.1 and 8.2.2 of the Zoning Ordinance the Board of County , Commissioners shall also consider the following general conditions before the application for Special Use shall be approved: Article 8.2.1 & 8.2.2 A description, To be determined by Board 1. The use will maintain or narrative and site plan after receiving evidence to be promote the public health, of the proposed submitted oc heard at public safety and general welfare, if addition have been hearing. located where proposed and submitted along with developed and operated letters from EMS and ' according to the plan as the Sheriff s Office. submitted. Article 8.2.1 A letter from Howard To be determined by .Board 2. The use will maintain or Perry and Walston after receiving evidence to be enhance the value of has been received. submitted or heard at public contiguous. property (unless the hearing. - use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property). Article 8.2.1 The application will To be determined by Board 3. The location and character of permit and expand an after receiving evidence to be the use, if developed according existing use. The submitted or heard at public to the plan submitted, will be in Hillsborough Area hearing. harmony with the area in which Economic it is to be located and the use is Development District Design Manual calls in compliance with the general for this area to be plan for the physical Linear Office. development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. ~~~ J ~vo ~ ~ ~~~ e. Change in BOCC Regular Meeting Schedule ~~' ~~ `' aa~~ This item was revised later in the meeting. ~ Gi The Board amended its regular 2004 meeting calendar by: - changing the location of the Joint Meeting with the Town of Hillsborough, at the request of the Town of Hillsborough, scheduled for Monday, March 22, 2004 at 7:30 p.m. from the Government Services Center to the Town Barn, 101 East Orange Street, Hillsborough, North Carolina; and - changing the location of the Thursday, March 18, 2004 BOCC Work Session, starting at 7:30 p.m. from the Government Services Center to the Southern Human Services Center, 2501 Homestead Road, in Chapel Hill, North Carolina; and - adding the location for the Legislative Breakfast, which will be held on Monday, March 29, 2004 at 8:00 a.m. at The James Pharmacy, 111 North Churton Street, Hillsborough, North Carolina; and - changing the location of the June 21, 2004 budget work session from the Southern Human Services Center, in Chapel Hill to the Government Services Center, 200 South Cameron Street, Hillsborough, North Carolina. f. Notice of Public Hearing on Orange County's 2004 Legislative Agenda The Board directed the Clerk to the Board and the County Manager, on behalf of the Board of County Commissioners to publish a notice of the Board's intent to hold a public hearing on March 16, 2004 at 7:30 p.m. at the Southern Human Services Center on Homestead Road in Chapel Hill, North Carolina to receive public comments on potential items for inclusion in Orange County's legislative agenda package for the 2004 North Carolina General Assembly Session and to discuss potential items/projects for federal funding assistance. VOTE ON CONSENT AGENDA: UNANIMOUS 9. Items for Decision--Regular Agenda a. PD-1-03 State Emplovees Credit Union Addition Planned Development Rezoning and Class A Special Use Permit The Board will consider closing the Public Hearing, hearing recommendations and then making a decision regarding the State Employees Credit Union's proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities. Planning Director Craig Benedict made this presentation. There are four action items: First is to close the public hearing; second is to hear recommendations that include conditions for approval; third is to act upon a rezoning, which is a legislative decision to change the existing zoning of the property (Economic Development District/Limited Office District 1 to Planned Development Economic Development District/Linear Office); and fourth is the class A special use permit if the zoning is approved. There are a few changes since the public hearing. He made reference to the handout that has to do with NCDOT saying that they plan to fully fund the right turn lane on Oakdale Road onto Old 86, and if the funding comes up short, the applicant has agreed to add additional funding up to $25,000. Also, the landscape plan for the phase 2 area has been upgraded to include five-inch caliper trees and 18-foot tall trees. There are three recommendations: Administration Recommendation: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the attached Resolutions of Approval Version One, which includes a condition that access entrance on Old NC 86 be immediately changed to a right in/right out entrance. Planning Board Recommendation: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the Attached Resolution of Approval Version Two, which includes a condition that access entrance on Old NC 86 be changed to a right in/right out entrance only when the level of traffic at the intersection of Oakdale Drive and Old NC 86 exceeds a level of service D. Planning Staff Recommendations: Approval of the proposed Planned Development rezoning and Class A Special Use Permit for expansion of the existing facilities with the attached Resolution of Approval Version One, which includes a condition that access entrance on Old NC 86 be immediately changed to a right in/right out entrance. Commissioner Gordon verified with Craig Benedict that there were only two changes. Craig Benedict said that the only other change was made today, and that is condition 12, which was the handout. Chair Jacobs asked about the accident report on page 111. He verified that the intersection that NCDOT is talking about having no accidents is the driveway coming out of the Credit Union and Old 86, but within 150 feet, there have been seven accidents. Craig Benedict said yes, that is his understanding. Chair Jacobs asked about the stub-outs. He asked if one stub-out would allow Millstone to connect to the back of property. Craig Benedict pointed out the alignment on a map. Chair Jacobs asked about memorializing the access and said that it is too bad that we do not do this more in North Carolina. He wants to make it clear that this is the direction we are going. Craig Benedict said he will do a proposal and staff can pursue an access management plan. Chair Jacobs asked that the property owners be kept informed that this is being discussed. Chair Jacobs said that the Planning Board brought up the issue of storm water detention. There was a comment made about people complaining of unsightly storm water retention ponds. He asked if the second storm water retention pond would be underground and Craig Benedict said yes. The existing one will stay. He made reference to West Nile Virus and asked if there had been any discussion about remediating the pond. Craig Benedict said that they would landscape around the pond. There has also been discussion about a bio-retention filter where the water would not stay in there as long and there will be a permeable layer so that the water will be soaked under even in the existing pond. Chair Jacobs said there was a discussion by the Planning Board about native plants. He thought this was something that was dealt with years ago. This is on page 106. He asked about the standards and if Orange County requires native vegetation. Craig Benedict said that they do have a list of preferred trees and there is a placeholder within the new special use standards that speaks about xer•iscaping. The applicant has agreed to bolster the native tree count. Chair Jacobs asked why they were giving DOT a deadline with the turn lane. Craig Benedict said that part of the discussion was how long the Credit Union would be responsible for having a $25,000 contribution. This was the Credit Union's suggestion. It can be a longer time period. In discussions with DOT, they said they had planned to put it in the short term. The two-year time frame seemed reasonable. Applicant: Jay Smith, designer representing SECU, said that they have had constructive comments about condition 12 with the staff. He made reference to condition 5. In the Planning Board version, version 2, it was their recommendation "that the access entrance on Old 86 should be changed to a right in-right out entrance when the level of traffic at the intersection of Oakdale Drive and Old 86 exceeds a level of service D." He said that their driveway is a safe functioning driveway and the Credit Union's wish is that the Board goes with version 2. The Credit Union will construct the right in-right out when the service deteriorates or warrants it. They are not against a right in-right out; they are just against it at this time. They are in favor of all of the other conditions. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS Craig Benedict said that the first decision for the Board of Commissioners to consider is to rezone this property from the existing ED/LO1 to the Planned Development District. Geof Gledhill said that his recommendation is to work through the special use permit first before taking action on the rezoning. Chair Jacobs made reference to page 8a and said that he would make two changes. One is on number 8 - "The applicant shall deconstruct the existing house and accessory structure on the site." Also, on the new handout, he would take out the time limit for NCDOT. Chair Jacobs said that the does not see eye to eye with version 2, but he thinks it is pretty close. Commissioner Gordon said that if NCDOT is ready to construct this, then it is more likely to happen now than at some time in the future. Chair Jacobs said that when they met on February 12th with NCDOT representatives, they brought up this project. NCDOT said that they had identified the money to do the right in-right out. The idea is that it would be sooner rather than later. He thinks that, as government officials, they should give the benefit of the doubt to the government. John Link said that the Administration's recommendation on item 5 is right out and right in only so that when you are leaving the Credit Union, you are going to turn right only. If you want to go back into Hillsborough, you go around the bank at Oakdale and then take a left on Old 86. Chair Jacobs said that someone mentioned Waterstone in these documents, which is a 330-acre development down the road that will have a tremendous impact on Old 86. The development has not been approved yet by Hillsborough, but the Hillsborough Planning Board recommended approval. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to approve the resolution on page six, which would rezone the property from Economic Development -Limited Office 1 (ED-LO-1) to Planning Development Economic Development Linear Office (PD-ED-LNR), Special Use Permit, Class A. VOTE: UNANIMOUS Craig Benedict made reference to pages 60-75 and said that the Planning Board recommended that the applicant met the standards for the special use permit for this project in the affirmative. Commissioner Gordon asked if the Board had to go through the findings. Geof Gledhill said that the resolution should say that the Board has made all the findings. This can be added. A motion was made Commissioner Gordon, seconded by Commissioner Carey that the findings from the Planning Board on pages 69-75 become the Board of County Commissioners' findings. VOTE: UNANIMOUS Geof Gledhill suggested that #2 on the resolution on page 8 be revised to say, "as revised by the applicant in the plan revision as submitted at the Board of County Commissioners' meeting on March 4, 2004." A motion was made by Chair Jacobs, seconded by Commissioner Carey to accept version 1 with the following changes: On item #2, (as revised by the County Attorney above); to make the change on #8 to specify deconstruction; and to substitute the new #12 accepting that #1 of the two qualifications will be eliminated. VOTE: UNANIMOUS b. Decisions Reaardina Oranae County Middle School #3 Site and Adjacent Properties The Board considered various decisions regarding the proposed Orange County Schools Middle School #3 site and adjacent properties; approving the amount to be paid for the school site at $775,000; adopting the OCS Middle School #3 capital project ordinance; directing staff to work with OCS to schedule discussions about the ultimate disposition of the approximately 26 acres of the Allison and Daniel properties not needed for middle school #3; receiving the presentation from County staff on its analysis of the Euliss property; directing the Manager, Attorney and staff to carry out the administrative steps (including preparation and signing of relevant documents) necessary to purchase the Euliss property prior to the March 15 option expiration; and adopting the accompanying Soccer Superfund capital project ordinance. John Link said that in November 2001 the voters approved bonds for a new middle school in Orange County. The process for siting new schools has been in place and Commissioner Carey has been the representative with the Orange County school system as it has pursued looking at the appropriate site for this middle school. He commended the Orange County school board for working with the County so welt. He also thanked the County staff. Step one is approving the site for the middle school. The second part is to address the acquisition of the parcel of land ~for~soccer fields that is adjacent to the school site. Rod Visser said that the properties that would comprise the Orange County school site make up about 67 acres that"are owned by the Allison and Daniel families. The school board has decided to site the school here, but has noted that they do not need the entire 67 acres to accommodate the school footprint and the athletic field associated with it. The one statutory requirement that County Commissioners have in regard to siting new schools is to approve the amount to be paid for the site. They are asking the Board to appropriate $775,000 for the 67 acres. There are several options for purchasing the land, which are outlined in the abstract. Rod Visser said that Keith Cook, Chair of the school board and Orange County Schools Superintendent Dr. Shirley Carraway were in attendance, as well as the architect. Ken Redfoot, representative of the architect company, made a presentation. The school is a prototype design from Smith Middle School. The school has 120,000 square feet and is a one-story fully day-lit facility. There are 24 academic classrooms; three self-contained classrooms; a full media center with a capacity of 15,000 volumes; foreign language classrooms; workforce development classrooms; a 300-seat auditorium with a stage and theatrical fighting; visual arts, vocal, instrumental, theatre arts classrooms, an 8,500-square foot gymnasium with 600 bleacher seats; and a 3,200-square foot cafeteria that accommodates the students in a number of lunch periods. He then showed the site plan of the 67-acre site and the footprint of the building. Commissioner Gordon asked if the school board only wants the 41 acres and they do not want the part toward West Ten Road or the part toward the interstate. Ken Redfoot said yes. He said that there is an existing building on the site that could be used as an outside lab area. Commissioner Gordon asked why they were using 41 acres because most middle schools do not take up that much space. The middle school standards call for 22 acres. Ken Redfoot said that the 41 acres have a large 100-foot buffer along West Ten Road, which is a requirement of the zoning, and a 50-foot buffer along the bus access route. They decided to put this buffer in because they wanted to be a good neighbor and put in enough distance. There is also some buffering along the back of the fields. Commissioner Gordon asked if there was any thought about how an elementary school could be sited here. Ken Redfoot said that this has not been studied.