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HomeMy WebLinkAboutAgenda - 06-03-2008-5b5ea.2. Development Standards (PD/SUP Conditions of Approval Applicant/County Concurrence) Zoning Decision -Item I.b. Ai~TICLE 7. PLANNED DEVELOPMENT ZONING (Buckhorn Vi11aAe) c La{~ STAFF PB BOCC 7.5.4 Zonin Officer's Recommendations The Zoning Officer shall prepare a written report to the Planning Board and Board of County Commissioners, containing the following findings: a) Suitability, land, relation, future development; S Page b) Relation to roads, mass transit, utilities, other facilities and services; S Page c) Adequacy of evidence on unified ~ control; S Page d) Desirability of amendments; S'' Page . e) Modifications are justified in the particular case by demonstration. S~' Page Based on such findings, the Zoning Officer shall recommend: ® Approval of the PD amendment proposed, ® Approval conditioned on stipulated S modifications, or ® Disapproval, with recorded reasons therefore. S1-based on 5/7/08 evidence May 7, 2008 Zoning Decision -Item I.c. ( uckh®rn Voltage) 1'I~F C 3 -341. ur ®ses iin view. Zoning regulations in accordance with a comprehensive plan Page To facilitate the adequate provision of public services Page Consideration as to the character of the district Page Consideration to expansion of any cities Page Orderly growth and development Page Zoning Decision -Item I.d. PD-ED Design Solution ASSESSMENT/ANALYSIS OF WAIVER REQUESTS (Buckhorn Village) STAFF PB BOCC Waiver One (1) Condominiums/Apartments Page S Waiver Two (2) S1 Land Use Intensity Page Waiver Three (3) Planting Area Slopes Page S Waiver Four (4) Driveway & Access Drive Slopes Page S Waiver Five (5) Building Setbacks Page ~ Waiver Six (6) Highly Reflective Surfaces Page ~ Waiver Seven (7) Solar Panels Page S Waiver Eight (8) Landscaping Parking Areas Page S Waiver Nine (9) Building Landscaped Areas Page ~ Waiver Ten (10) Building, Architectural Walls Page ~ Waiver Eleven (11) S1 Signs Page Waiver Twelve (12) Parking Standards ~P~ge .S Waiver Thirteen (13) ~'~ MTC Buffers Page Waiver Fourteen (14) Buffers Page S t C~, ~~ Sl-based on 5/7/08 evidence May 7, 2008 ~~ ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2008 Action Agenda Item No. 15 SUBJECT: Buckhorn Road Associates LLC Rezoning and Class A Special Use Permit application(s) DEPARTMENT: Planning and Inspections PUBLIC HEARING:. (YlN) . NO ATTACHMENT(S): 1. Request and Review Process ate"' Summary 2. Discussion of Legislative.versus ~ Quasi-judicial actions 3. Buckhorn Village -Application /~~~. (previously distributed) 4. Staff Review and Assessment 5. Developer Responses and Evidence a. 2/25/08 Responses (previously t~/~,- distributed) b. 4/1/08 Responses (forthcoming)e~,,, 6. DRAFT Conditions of Approval INFORMATION CONTACT: Craig Benedict, Planning Director 245-2592 Michael Harvey, Zoning Administrator 245-2607 ~/ ~ ~ ~ ~ PURPOSE: To deliberate and make recommendations to the BOCC concerning a Rezoning and Class A Special Use Permit application(s) proposing the development of a Planned Development 'on property located within the I-85/Buckhorn Road Economic Development District. BACKGROUND: In December of 2.007 the applicant, Buckhorn Road Associates LLC, submitted applications requesting the development of a large-scale commercial site along Buckhorn Road. The applicant proposed developing: this project as a Planned Development (hereafter `PD/SUP') in accordance with the provisions of the Orange County Zoning Ordinance. Please refer to Attachment Three (3) Planned Development Guidelines - Appendix A of the abstract (STAFF NOTE: you have already been provided a copy of the application referenced as Attachment Three (3)) APPLICABLE ZONING REGULATIONS: With respect to the review of this project, the following sections of the Zoning Ordinance apply: • Section 6.29 Development Standards for Economic Development (ED) Districts (i.e. the Economic Development District Design Manual), • Article Seven (7) Planned Developments • Article Eight (8) Special Use Permits, and • Article Twenty (20) Amendments ~~°~ Per Section 7.21.1 of the Ordinance, the overall purpose and intent of PD/SUP projects is to: `provide for properly located and planned non-residential development consistent with Orange County's Strategic Plan for Economic Development'. This process is intended to provide an opportunity for development proposals to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance. In cases where number three (3) applies, the applicant is required to propose a design solution that is equal to, or better than,. what. could be obtained through the application of the .criteria and standards contained in the Design Manual. In this case, Buckhorn Road Associates LLC has requested the waiving of fourteen (14) standards of the. Design Manual. Ultimately, the applicant is required to demonstrate to the County that any and all deviations from the standards outlined within the Economic Development District Design Manual are necessary and that the proposed solution(s) are consistent with the intent of the manual. Please refer to Attachment Four (4) for staff's assessment of the project. REVIEW PROCESS: A PD/SUP project is processed in the exact same manner as all Class A SUP applications. With these types of projects, however, the BOCC will be required to: 1. Take action on the rezoning request to rezone the identified properties from: I- 85/Buckhorn Road .Economic Development (ED) District and/or Rural Residential One (R-1) to Buckhorn Village Planned Development Economic Development District (BVPD- ED). Action on approving. or denying the rezoning application is considered to be a Legislative decision made in accordance with the provisions of Article Twenty (20) of the Zoning Ordinance. 2. If the application to rezone the properties is approved, the BOCC will then take action on the PD/SUP application proposing the development of the property as a master planned mixed-use commercial site. Action on approving or denying the PD/SUP application is considered to be a Quasi judicial decision made in accordance with the provisions of Article Eight (8) of the Zoning Ordinance. For more information on the review process associated with this project, please refer. to Attachment One (1) Request and Review Process Summary and Attachment Two (2) Discussion of Legislative versus Quasi judicial actions. PROPOSED DEVELOPMENT: The Planned Development Guideline Manual (Attachment Three ~) is intended to establish the various land use and regulatory standards that will govern. the development of this project. For this abstract, -staff is supplying basic information outlined within the Manual to supply the BOCC and Planning Board members with an overview of the project. ~~ ~ LAND USE MANAGEMENT: The Buckhorn Village Planned Development is comprised of three (3) individual development districts broken down as follows: ® District One (1): This district is approximately forty-one (41) acres in area and intended to serve no more than four (4) large retail tenants with a total anticipated combined floor area of one hundred eighty-five thousand (185,000) square feet. ® District Two (2): This district is approximately forty (40) acres in area and intended to support mixed-use development including retail, office, restaurants, indoor theaters, hotels, residential, and other similar uses with an anticipated combined floor area of five hundred twenty-two thousand (522,000) square feet. ® District Three (3): This district is approximately forty-eight (48) acres in area and is intended to support large-scale retail development with the possibility of some mixed-use projects. The developer has also proposed reserving an area of the District for future use by a local government to address the provision of protective services (i.e. police, fire, emergency, etc). The anticipated floor area within this district is approximately six hundred six thousand (606,000) square feet. The applicant is proposing a maximum of 1.114 million square feet of building footprint for the entire property. For more detail on the proposed land uses within the project, please refer to Attachment Three (3), pages twelve (12) through fourteen (14). ACCESS MANAGEMENT: Access to the property is proposed to be as follows: ® Three (3) driveway entrances along Buckhorn Road, and • Two. (2) driveway entrances along West Ten Road The applicant is also proposing to develop several bicycle lanes and pedestrian sidewalks throughout the development to make it more pedestrian accessible and is proposing to have four (4) bus stops with passenger pick-up and drop-off areas. For more detail on the access management plan, please refer to Attachment Three (3), pages forty (40) through forty-two (42), Exhibit Seven (7), and Appendix D. OPEN SPACE MANAGEMENT: The applicant is proposing a comprehensive open space management plan. that involves preservation of existing woodlands, the planting of interior parking lot buffer, and the planting of vegetation along all proposed streetscapes. For more detail on the access management plan, please refer to Attachment Three (3) pages eight (8) through thirty-nine (39), pages forty-five (45) through forty-six (46), Exhibit Five (5), and Appendix C. UTILITY MANAGEMENT: The applicant is proposing to make numerous modifications to existing infrastructure to support this project that is outlined within Attachment Three. (3) page forty-three (43) and Exhibit Eight (8). FINANCIAL IMPACT: In terms of the review of this project, there will be no financial impact on the County as existing staffing levels are sufficient to process the application. With respect to the overall financial impact of the project on the County please refer to Attachment Three (3) Appendix B. r`~~' RECOMMENDATION(S): The BOCC has forwarded this item to the Planning Board for review, with ~ request that a recommendation by returned back to the BOCC by their June 3, 2008 meeting.. Staff has attached a rough draft of the proposed conditions of approval for this project in Attachment Five (5) to solicit your input. A meeting is also scheduled for May 14, 2008 to continue the recommendation process. ATTACHMENT ONE .(1) REQUEST AND REVIEW PROCESS SUMMARY: ~'~~ Part One: Discussion of Request: SPECIFIC This application involves two (2) components: REQUEST: . 1. The .REVIEW a petition to rezone several parcels from I- 85/Buckhorn Road Economic Development and/or Rural Residential One (R-1) to .Buckhorn Village Planned Development -Economic Development District (BVPD-ED) AND 2. The REVIEW of a Class A Special Use Permit proposing the development of a Planned Development commercial center on the subject properties. NATURE OF .The applicant is requesting rezoning of the various properties to a REQUEST: Planned Development designation and requesting that the County approve the PD/SUP application that. proposes the approval of a Master Plan outlining the standards that will ultimately govern the development of the proposed commercial complex in perpetuity. This request does not involve the approval of asite-specific development plan. CURRENT LAND The properties subject to the submitted petitions are located within the USE ~ following Land Use Plan Categories as defined within the Orange County DESIGNATION: Comprehensive Plan and detailed on the Land Use Element Map: 1. Economic Development Node, 2. Commercial and Industrial Node (NOTE: a portion of one (1) of the properties is on the western side of Buckhorn Road and is located within the Commercial and Industrial Node) Attachment One -Page 1 1~~ ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: SIZE OF PARCELS The request involves four (4) parcels of property: 1. A seventeen and a half (17.5) acre parcel of property (TMBL 3.28..20C /PIN. 9834-47-5174) and a one hundred ten (110) acre parcel of property (TMBL 3.28..20 /PIN 9834-56-1587) with a current street address of 508 Buckhorn Road that is currently utilized to support the Buckhorn Flea Market operation that is zoned Economic Development (ED), 2. A one point nine (1.9) acre parcel of property (TMBL 3.28..57C / PIN 9834-54-1735), that has frontage along West Ten Road and is zoned Rural Residential, One (R-1) 3. A two and a half (2.5) acre parcel of property (TMBL 3.28..13 /PIN 9834-36-4225) that is separated by Buckhorn Road, with approximately one (1) acre of the property east of Buckhorn Road and adjacent to the Buckhorn Flea Markef operation that is zoned Economic Development (ED), and the remaining one and a half (1.5) acre portion of the parcel to the west of Buckhorn Road that is zoned Rural Residential One (R-1) It should be noted that the entire proposed commercial center is located on property currently utilized as the Buckhorn Flea Market property (TMBL 3.28..20 and 20C) as well as the one point nine (1.9) acre parcel (TMBL 3.28..57C) with frontage along West Ten Road. -Both properties are located within the Economic Development Node. The remaining property is being. encumbered as part of this .process as additional buffer area as well as to provide additional land area to address anticipated roadway.improvements. The applicant has indicated within the. project narrative that the parcel that is separated by Buckhorn Road (refer to number three (3) above) is not intended to be developed for commercial purposes but is to serve as additional buffer and be available for roadway improvements. This parcel is split zoned, ED and R-1, and is located within both the Economic Development Node and the Commercial and Industrial Node. Attachment One -Page 2 ~~~ ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: ADJACENT LAND The adjacent properties/land uses to these tracts are as follows: USES 1. A thirty four (34) acre, undeveloped, parcel to the east of the property (i.e. Buckhorn Flea Market property) that is zoned E.D, 2. A Planned Development (PD) residential subdivision to the south of the property (i.e. Buckhorn Flea Market property) with twenty-eight (28) single-family residential dwelling units. The residential subdivision is called Clear View and is zoned PD, 3. A five (5) acre parcel of property to the south of the property (i.e. Buckhorn Flea Market property) that is utilized as a mobile home park with a total of six (6) individual mobile homes. The property in question is zoned Rural Residential One (R-1 ), 4. A point five (.5) acre parcel of property located adjacent to, and between, the Clear View residential subdivision and the mobile home park that is currently utilized to support asingle-family residence an is zoned Rural Residential One (R-1), 5. A gas station to the northwest corner of the proposed development that is zoned General Commercial Four (GC-4), 6. Three (3) parcels of property with frontage along Buckhorn Road utilized to support single-family residential dwelling units that are zoned ED, 7. Two (2) parcels of property with frontage along Buckhorn Road that are currently undeveloped that are zoned ED, 8. Across Buckhorn Road there is a thirty-one (31) acre parcel of property within the City of Mebane's planning jurisdiction that is occupied by a truck stop, fuel station, restaurant, and small-scale retail outlet 9. Several parcels of property ranging from half an acre to two (2) acres that are zoned R-1 and are located within the Commercial and Industrial Node. Attachment One -Page 3 ~~~ ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: RELEVANT ZONING REGULATIONS: Section 6.29 Development Standards for Economic Development (ED) Districts (i.e. the Economic Development District Design Manual), CONTINUED: Article Seven (7) Planned Developments specifically the review and approval procedures outlined within Sections 7.1 through 7.10 as well as the following specific Standards of Approval: Section 7.21.1 PD-ED District: Definition and Intent PD-ED districts may be established in accordance with the general procedures and requirements set forth in Articles 7.1 through 7.9 and with the intensities and in locations in accordance with the Comprehensive Plan and the Zoning Ordinance and Atlas. The purpose of this district is to provide for properly located and planned non-residential ' development consistent with Orange County's Strategic Plan for Economic Development. Specifically, this district is intended to provide an opportunity for development plans, submitted under the provisions of Article 6.29 [Development Standards for Economic Development (ED) Districts] of this ordinance, to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance; and which propose a design solution which is equal to or better than could be obtained through the. application of the criteria and standards contained in the Design Manual. In such cases, application for and approval of a Planned Development District shall be governed by the general and specific standards and procedures for the issuance of a Planned Development Permit as set forth in this Article. l Attachment One -Page 4 ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: ~"~1 CONTINUED: Article Eight (8) Special Use Permits, specifically the review and approval procedures outlined within Sections 8.1 through 8.7.3 as well as the following specific Standards of Approval: 8.8.23 Planned Developments 8.8.23.1 Additionallnformation In addition to the information required in Subsections 8.2 and. 8.8, information shall be supplied as part of the application as per applicable requirements of Article 7. 8.8.23.2 Standards of Evaluation The standards of evaluation shall be as per. applicable sections of Article 7. CONTINUED: Article Twenty (20) Amendments, specifically referring to the standards governing Zoning Atlas Amendments Attachment One -Page 5 `~~ ATTACHIVIENI' ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: Part Two: Discussion of Project Review Process: REVIEW PROCESS: In accordance with the provisions of~ Articles Seven (7) and Eight (8) of the Zoning Ordinance, this request isreviewed in the following manner: 1. A valid application is submitted requesting: a. The rezoning of property to a PD district, and b. The submission of a Class A Special Use Permit application proposing the development of the property as a PD Staff Comment; The Planning Director made the formal determination on .January 7, 2008 that the application was complete in accordance with Section(s) 7.5.1 and 8.4.2 of the Zoning Ordinance 2. The application is reviewed so that the Zoning Officer may prepare an analysis and recommendation on the request. Staff Comment: The application was distributed to members of the Development Advisory Committee (DAC) in accordance with Section 2.4.2 of the Zoning Ordinance on January 11, 2008. A meeting was held on January 30, 2008 to review the plans. This.. ~ \ meeting was attended by: a. County Planning Staff (Planning Director, Zoning Administrator, Subdivision Administrator, Flood Plain Administrator, Comprehensive Planner, and the Transportation Planner), b. County Manager's office, c. Economic Development, d. County Engineer, e. County Attorney, f. Health Department, g. Building Inspections, h. Fire Marshall, i. Sheriff's office, j. .Orange County Solid Waste, k. North Carolina Department of Transportation, and I. Representatives of the City of Mebane (City Manager, City Planning Director, Public Works Director, City Engineer) C Attachment One -Page 6 u ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: DAC members completed comment sheets and submitted them to staff for review. Representatives of the Environment Resource Conservation (ERCD) Department were not able to attend the meeting but were able to submit comments to Planning staff for review and inclusion in our final recommendation. 3. A Public Hearing is scheduled to review the .applications. Staff Comment: Staff received authorization from the BOCC on February 5, 2008 to schedule the Public Hearing to review the request at the February 25, 2008 Quarterly Public Hearing. 4. The Zoning Officer posts signs on the properties subject to the application informing the general public of the meeting date and time and sends out written notices, via certified mail, to all property owners within five hundred (500) feet of the subject property at least fifteen (15) days prior to the hearing date. Staff Comment: Staff sent out ,approximately seventy (70) notices to adjacent property owners and posted four (4) signs on the various properties announcing the date and time of the Public Hearing on February 8, 2008. 5. Legal advertisement shall appear in a paper of general circulation twice within fifteen (15) days of the Public Hearing. Staff Comment: The hearing notice is running as follows: News of Orange February 13', 2008 February 20, 2008 Chapel Hill Herald February 13, 2008 February 20, 2008 6. The BOCC and Planning Board hold a Joint Public Hearing to review the request. The purpose of the Public Hearing is to: a. Receive the request from the applicant proposing the development, b. Receive staff's assessment of the proposal, and c. Solicit input from the public on the proposed project. 7. Once the Public Hearing is held, the request is forwarded to the Planning Board for review and comment. ~~ Attachment One -Page 7 r~ ATTACHMENT ONE (1) REQUEST AND REVIEW PROCESS SUMMARY: Staff Comment: Section 8.4.6 'of the Zoning Ordinance addresses the Planning Board's required action on Class A Special Use Permits. This section reads as follows: The Planning Baard shall prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of the application. The Board of County Commissioners may direct the Planning Board to provide a recommendation by a date certain. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings. if .the Planning Board fails to make a recommendation as directed by the Board of County Commissioners or within three regularly scheduled Planning Board meetings, whichever is applicable, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. The Planning Board has up to three (3) .regular, meetings to make a recommendation on the project. If within this time frame a recommendation is not made, the application(s) shall be forwarded back to the BOCC without a formal recommendation from the Planning Board. 8. Upon receiving the. recommendation of the Planning Board, the. BOCC will take separate action on the two (2) applications as follows: Take action on the rezoning request to rezone the identified properties from: I-85/Buckhorn. Road Economic Development (ED) ~ District and/or Rural Residential One (R-1) to Buckhorn Village Planned Development Economic Development District (BVPD-ED): Action on approving or denying the rezoning application is considered to be a Legislative decision that made in accordance with the provisions of Article Twenty (20) of the Zoning Ordinance. ® If the application to rezone the properties is approved, the BOCC will then take action on the PD/SUP .application proposing the development of the property as a master planned mixed-use commercial site. Action on approving or ,denying the PD/SUP. application is considered to be a Quasi judicial decision thaf made in accordance with the provisions of Article Eight (8) of the Zoning Ordinance: Staff Comment: For more information, on Legislative versus Quasi-judicial decisions please refer to Attachment Two (2) of the abstract. r Attachment One -Page 8 ATTACHMENT TWO (2) LEGISLATIVE VERSUS QUASI JUDICLAL DECISIONS ~~l Le islative Quasi-Judicial Can be: 1. Board of Adjustment, Decision maker Only governing board can make the 2. Planning Board, or . decision -other board's ma advise Y 3. Governing Board Only notice to parties involved with the petition is required unless local Ordinance Notice of Hearing Newspaper and mailed notice to adjoining mandates. property owners is required Staff Note: Our Ordinance mandates notification of adjacent property owners. Can reasonable limit the number of Individuals are presenting testimony (i.e. Speakers at Hearings speakers and limit the time they area sworn statements and evidence). The Board allotted to speak. can limit any presentation to relevant evidence that is not repetitious None required. Members are free to Speakers must present and enter substantial, discuss issue outside ~ of hearing and competent, material evidence into the record. Evidence speakers at the hearing are not under oath Witnesses are under oath and subject to cross- or subject to cross-examination examination. No ex-parte communication is allowed. Written findings of fact are required. The Board making the decision must explicitly set '. None is required, but the board malting forth what it determines to be the essential ~~ the decision is required to issue a facts that it is basing its decision on Findings statement addressing the proposals The Board making the decision must also ' consistency with local regulations and make specific findings .of fact and provide ' that the public interests are served in specific detail to inform all parties and a either approving or denying the request. reviewing court as to what induced the decision. A conclusory statement that a standard has, or has not, been met is insufficient A four-fifths (4/S) vote is required to approve the application. In cases where a special or Voting Simple majority is required conditional use permit is issued by a governing board (i.e. BOCC) only a simple majority is required. Conditions Not allowed Allowed subject to mutual agreement between the applicant and governing body agree. Judicial Review Two (2) months to file claim Thirty (30) days to file claim ,~~ r r ATTACHMENT 4 OI~;ANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245-2575 (919) 644-3002 (FAQ www.co.orange.nc.us dit~'y,, j TO: FROM: DATE: RE: ~ountP a!®. ~o~ fsrK' ~ r ~, !7 ~ ~ 52 ~~ O ~ocrb ~uti~~`c Orange County Planning Board 306F Revere Road ' POBox8181 Hillsborough, North Carolina, 27278 Craig Benedict AICP - Plaruvng Director Michael D. Harvey AICP, CZO -Zoning Admiivstrator/Enforcement Officer April 25, 2008 REVIEW and ASSESSMENT of Buckhorn Village application Per Section 7.5.4 of the Orange County Zoning Ordinance, please accept the following document as an assessment of the Planned Development application, submitted by Buckhorn Road Associates LLC, proposing to develop a unified commercial center on several parcels of property within the Interstate 85/Buckhorn Road Economic Development District. This assessment shall be broken down intro the following sections: • Background of the project, • Application submittal and review, • Staff assessment and findings on the appropriateness of the project per Section 7.5.4 of the Ordinance, and • Review/Assessment on requested waivers/modifications to existing development regulations as outlined within the application. BACKGROUND: i~~ Throughout the fall of 2007 staff began having regular, weekly, meetings with representatives of Buckhorn Road Associates LLC (hereafter `applicant'). The applicant was proposing the development of a phased, unified commercial center on several parcels of property along ~~~ Buckhorn Road. Originally, the applicant was proposing to develop a commercial center on the following properties: A seventeen and a half (17.5) acre parcel of property (TMBL 3.28..20C /PIN 9834-47-5174) and a one hundred ten (110) acre parcel of property (TMBL 3.28..20 /PIN 9834-56-1587) with a current street address of 508 Buckhorn Road that is currently utilized to support the Buckhorn Flea Market operation that is zoned Economic Development (ED), During our initial meetings, staff and the ,applicant reviewed the various requirements of the Zoning Ordinance governing the review of a Planned Development project within the Economic Development District. Staff informed the applicant that the review of Planned Development projects is regulated in accordance with the provisions of Article Seven (7) of the Orange County Zoning Ordinance (hereafter `Ordinance'). With respect to the developing such projects within the Economic Development District, Section 7.21.1 PD-ED District: Definition and Intent indicates: PD-ED districts may be established in accordance with the general procedures and requirements set forth in Articles 7.1 through 7.9 and with the intensities and in locations in accordance with the Comprehensive Plan and the Zoning Ordinance and Atlas. The purpose of this district is to provide for properly located and planned non-residential development consistent with Orange County's Strategic Plan for Economic Development.. Spec~cally, this district is intended to provide an C opportunity for development plans, submitted under the provisions of Article 6.29 [Development Standards for Economic Development (ED) Districts) of this ordinance, to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable .within Economic Development Districts as set forth in Article 6.29 of this ordinance; and which propose a design solution which is equal to or better than could be obtained through the application of the criteria and standards contained in the Design Manual. In such cases, application for and approval of a Planned Development District shall be governed by the general and .speck standards and procedures for the issuance of a Planned Development Permit as set forth in this Article. Staff also informed the applicant that they would be required to obtain a Ciass A Special Use Permit for the proposed project in accordance with Section 7.2.5 and Article Eight (8) Special Uses of the Ordinance. In reviewing the various provisions of Article Eight (8), staff reviewed the specific submittal and review requirements for all Special Use applications as well as the ~~ specific standards governing the review of Planned Development projects outlined within Section 8.8.23 Planned Developments that reads as follows: 8.8.23.1 Additionallnformation In addition to the information required in Subsections 8.2 and 8.8, information shall be supplied as part of the application as per applicable requirements of Article 7. 8.8.23.2 Standards of Evaluation The standards of evaluation shall be as per applicable sections of Article 7. APPLICATION SUBMTTAL AND REVIEW: On December 21, 2007 the applicant submitted the appropriate applications proposing the development of a Planned Development (hereafter `PD/SUP') on the flea market property. The applicant submitted two (2) applications requesting the following: 1. The REVIEW a petition to rezone parcels along Buclchorn Road, specifically parcels with TMBL 3.28..20 and 3.28..20C (i.e. the Buckhorn Flea Market property) from I- 85lBuckhorn Road Economic Development to Buckhorn Village Planned Development -Economic Development District (BVPD-ED) AND - 2. fiha REVIEW of a Class A Special Use Permit proposing the development of a Planned Development commercial center on the subject properties. The application contained the following information: - 1. A detailed proposal outlining the overall development of the property including a description of: a. The proposed land uses, b. Open space management plan, c. Utility plan, d. Transportation plan, and e. Development theme for each individual development district 2. A draft Environmental Assessment as required by the Orange County Environmental Impact Ordinance, and 3. An executive summary of the Traffic Impact Analysis (hereafter `TIA') as required under Article Thirteen (13) of the Ordinance. Staff reviewed the application for compliance with the submittal requirements outlined within Article Seven (7) and Eight (8) of the Ordinance. The Planning Director made the formal ,~~ determination on January 7, 2008 that the application was complete in accordance with Section(s) 7.5.1 and 8.4.2 of the Zoning Ordinance. On January 11, 2008 staff distributed the application to various County departments, and local planning partners (i.e. North Carolina Depart~.nent of Transportation, City of Mebane), to begin the process of reviewing the request. On January 16, 2008 the applicant submitted an amendment request to the Department seeking to modify the application. Within this request the applicant sought: 1. To add two (2) additional parcels to the application, specifically: a. A one point nine (1.9) acre parcel of property (TMBL 3.28..57C /PIN 9834-54- 1735), that has frontage along West Ten Road and is zoned Rural Residential One (R-1) and b. A two and a half (2.5) acre parcel of property (TMBL 3.28..13 /PIN 9834-36- 4225) that is separated by Buckhorn Road, with approximately one (1) acre of the property east of Buckhorn Road and adjacent to the Buckhorn Fiea Market operation that is zoned Economic Development (ED), and the remaining-one and a half (1.5) acre .portion of the parcel to the west of Buckhorn Road that is zoned Rural Residential One (R-1) 2. Modifications to several exhibits and the project narrative to incorporate reference to the new parcels. Staff accepted the amendment to the application. On January 23, 2008 the application submitted a second amendment request to the Department seeking to modify the application. Within this request the applicant sought: 1. To submit a completed TIA labeled `draft' and 2. A final Phase I Environmental Assessment in accordance with the provisions of Orange County Environmental Impact Ordinance. Again, staff accepted the amendment to the application. On January 30, 2008 the County's Development Advisory Committee (DAC) met to review the project. This meeting was attended by: a. County Planning Staff (Planning Director, Zoning Administrator, Subdivision Administrator, Flood Plain Administrator, Comprehensive Planner, and the Transportation Planner), b. County Manager's office, c. Economic Development, d. County Engineer, e. County Attorney, f. Health Department, C C~°~ g. Building Inspections, h. Fire Marshall, i. Sheriff s office, j. Orange County Solid Waste, k. North Carolina Department of Transportation, and 1. Representatives of the City of Mebane (City Manager, City Planning Director, Public Works Director, City Engineer) During this meeting, staff outlined several comments/concerns relating to the application. These comments were forwarded to the applicant on February 6, 2008 (please see attached comment sheets and the minutes from the January 30, 3008 DAC meeting). On February 7, 2008 staff received a final, completed, copy of the TIA. On February 12, 2008 the applicant submitted a final amendment to the application seeking to incorporate comments •from the DAC into the project narrative. The County is scheduled to hold a PUBLIC HEARING on this project at the February 25, 2008 Quarterly Public Hearing. STAFF ASSESSMENT AND FINDINGS: With respect to Section 7.5.4 of the Ordinance, staff is required to comment on the following: (a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; Staff Comme~at: The property that is intended to be developed as the commercial project is .located within the Economic Development Node as defined by the Orange County Comprehensive Plan and as detailed on the Land Use Element Map. The Economic Development district was created in 1994 to spur such activity within the Buckhorn Road area. There is already major commercial development within the area, and the infrastructure (i.e. water and sewer) necessary to support additional high-density commercial development. The property in question is large enough to support the proposed development and is suited for the development of amulti-tenant commercial operation. While staff concedes that there will need to be major modifications done to local roadways and existing infrastructure to support this project, staff makes the finding that this proposal is: i. That the project is suitable for development as a Planned Development, ii. That the physical characteristics of the subject property allow for the development of such a project, S ~~ iii. That the project is similar to surrounding developments, and iv. That the project is consistent with the overall intent and purpose of the Land Use Category, as defined within the Comprehensive Plan, for the area as well as the existing Economic District zoning designation (b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; Staff Comment: The project is proposing to have three (3) driveways along Buckhorn Road and two (2) driveways along West Ten Road. The TLA has identified numerous roadway improvements that will have to be completed by the applicant prior to any commercial operation commencing on the property. The applicant is also proposing to develop buss stops facilities on the property to make the project assessable to mass transit. In consultation with the County Engineer and the City of Mebane, water and sewer services can be provided to support this project. The applicant will be required to make modifications to existing service lines in order to accommodate the proposed development as well, as allow for additional development within the Interstate 85/Buckhorn Road Economic Development District. This information is referenced within the applicants Utility Master Plan contained within the project narrative. While staff concedes that the applicant will have to make numerous modifications to existing transportation and utility infrastructure to accommodate the proposed project, staff makes the finding that this proposal is: Q i. Is properly situated and located to be served by existing major roads and mass transit facilities, ii. That there is, and will be, the necessary utility infrastructure available to support the proposed development. (c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments. in those proposed; Staff Comment: Staff finds that the applicant is proposing to establish acceptable methods of unified control to ensure the perpetual development. and maintenance of the project as proposed. (d) As to the suitability of plans proposed or the desirability of amendments; Staff Comment: Please refer to the next section for a discussion on this item. ~~_ t (e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Staff Comment: Please refer to the next section for a discussion on this item. ASSESSMENT/ANALYSIS OF WAIVER REQUESTS: As outlined within Section 7.21.1 of the Ordinance, the overall purpose and intent of PD/SUP projects is to: `provide for properly located and planned non-residential development consistent with Orange County's Strategic Plan for Economic Development'. This process is intended to provide an opportunity for development proposals to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance. In cases where number three (3) applies, the applicant is required to propose a design solution that is equal to, or better than, what could, be obtained through the application of the criteria and standards contained in the Design Manual. In this case, Buckhorn Road Associates LLC has requested the waiving of fourteen (14) standards of the Design Manual. While the applicant is required to demonstrate to the County that any and all deviations from the standards outlined within the Economic Development District Design Manual are necessary and that the proposed solution(s) are consistent with the intent of the manual, staff is required under Section 7.5.4 of the Ordinance to comment on the appropriateness of the request(s). With that, what follows is a review and assessment of the waiver requests: 1. Waiver One (1) as outlined on page fifteen (15) of the Buclchorn Village Planned Development Guidelines (hereafter `application') reading as follows: `The applicant requests a waiver from Section 2.2 of the EDD Design Manual' The applicant is requesting the ability to allow for single-family residential condominiums/apartments within the Town Center (i.e. District II) and possibly within District III of the proposed project. Currently, single-family residential land uses are not listed within the Economic Development Primary (ED-P) zoning district, which the subject property is currently zoned. Staff Comme~at: Staff supports the waiver request and believes that allowances ought to be made to allow for a small portion of multi-family, condominium style, residential development to occur on the property in keeping with the downtown/town center theme '~~ of District IL Staff is also supportive of the proposed multi-family development within District III. 2. Waiver Two (2) as outlined on page fifteen (15) of the application reading as follows: `The applicant requests a waiver from Section 2.3 Land Use Intensity-Building, Landscaping, and Site Volume Ratios' The applicant is requesting that the existing composite ratio methods established within the Design Manual be replaced with a `floor area ratio' .and `maximum building height' limitation to control land use intensity. The rationale for the request is that these concepts are easier to understand and represent, in both graphic and statistical form, and are recognized as a universal tool by developers and planners to gauge development intensity. The applicant is proposing a maximum floor area ratio of point thirty (.30) and a maximum building height of six (6) stories. Staff Comment: The applicant intends to provide additional detail on this item at the May 7, 2008 Planning Board meeting. 3. Waiver Three (3) as outlined on page twenty (20) of the application reading as follows: `The applicant requests a waiver from Section 2.4 Environmental Factors - Grading and Erosion Control -Planting Area Slopes of the EDD Design Manual' The applicant is requesting the ability to utilize ~ a maximum slope factor of 2:1 rather j than the listed maximum slope of 3:1. Within the request the applicant indicates that the existing grade of the property would require `unnecessary grading and increate the total footprint of disturbance' if the maximum 3:1 slope ratio was adhered to. The applicant is requesting the ability to use a slope ratio of 2:1 or flatter in an effort to avoid unnecessary disturbance on the property and make use of the natural shape of the land with minimal grading. Staff Comment: Staff supports the waiver request and recommends that the BOCC consider allowing for .modifications to the grading and erosion control standards outlined within Section 2.4 of the EDD Design Manual only. when the applicant can demonstrate on asite-specific development plan the need to, and benefits of, waiving the requirement. 4. Waiver Four (4) as outlined on pages twenty (20) through twenty-one (21) of the applicationxeading as follows: `The applicant requests a waiver from Section 2.4 Environmental Factors - Grading and Erosion Control - Driveway and Access Drive Slopes of the EDD Design Manual' . The applicant is requesting the ability to utilize NC DOT standards of two percent (2%) or '/a" per foot minunum and a twelve percent (12%) maximum access/drive slope where necessary. The applicant argues that with the existing slope standards of two percent (2%) minimum and five. percent (5%) maximum for access/driveways is common, there will be need for additional flexibility given the number of connections proposed with this development. The additional slope value may be necessary to ~' ~ i achieve the number of connections to facilitate safe, pedestrian friendly, circulation within. the development and between individual development districts. Staff Comment: Staff supports the waiver request and recommends that the BOCC consider allowing for modifications to the driveway and access drive slope standards outlined within Section 2.4 of the EDD Design Manual only when the applicant can demonstrate on asite-specific development plan the need to, and benefits of, waiving the requirement and so long as the need to waive the requirement is supported by NC DOT. 5. Waiver Five (5) as outlined on page twenty-seven (27) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural Design - Building Setbacks and Height of the EDD Design Manual and the required ten (1,0) foot driveway setback' The applicant is requesting the ability modify the existing setback and building height limitations for internal property lines for the Buckhorn Village project to allow for: a. A'front, side, and rear yard setback for freestanding buildings and structures of ten (10) feet versus twenty-five (25) feet, b. A setback for in-line shops and buildings of one (1) foot for front and rear setbacks and a zero (0) side yard setback, c. A zero (0) line setback for buildings adjacent to vehicular use areas, storage areas, and signs. d. The applicant is proposing to utilize the existing setbacks outlined within Section 3.1 for all perimeter property lines. The rationale for the request is that it will allow the applicant to achieve the downtown center theme as proposed within District II. Staff Comment: .Staff supports the waiver request and recommends that the BOCC consider allowing for modifications to the setback standards as requested by the applicant only when the applicant can demonstrate on asite-specific development plan that the proposed buildings will be able to be accessed by local emergency responders (i.e. Fire, EMS, Police, etc) to address a public safety issue. These plans will have to demonstrate compliance with any and all applicable State Building and/or Fire Codes and meet all applicable County and City of Mebane regulatory standards for emergency vehicle and pedestrian access. 6. Waiver Six (6) as outlined on page thirty (30) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural Design - Carrugated Metal; Highly Reflective Sup faces; and Illuminated Roofzng of the EDD Design Manual' The applicant is requesting the ability to have flexibility in using highly reflective roof materials when they are designed to achieve the various energy objectives outlined within the application. The applicant indicates that the use of reflective material will -U~ assist them in designed architectural features that are intended to make use of radiant heat and natural light to reduce energy use and costs. Staff Comment: Staff supports the waiver request and recommends that a condition be placed on the project indicating that the waiver can only be utilized in situations where it is demonstrated that the reflective roofing will not create a public safety ~or traffic hazard (i.e. glare). 7. Waiver Seven (7) as outlined on pages thirty (30) and thirty-one (31) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural .Design - Corrugated Metal; Highly Reflective Surfaces; and Illuminated Roofing of the EDD Design Manual' The applicant is requesting the ability to have flexibility in using highly reflective roof materials, specifically focusing on use of solar panels. The EDD Design Manual requires that solar panels must be flush with the slope of the roof. The applicant indicates that there may be situations where solar panels cannot be flush with the roof and that flexibility is needed to allow for their use. The benefit here is that panels, that are not flush with the roof, can utilize existing tracking technology to make more efficient use of the suns rays. Staff Comment: Staff supports the waiver request and recommends that a condition be placed on the project indicating that the waiver can only be utilized in situations where it is demonstrated that the solar panels will not create a public safety or traffic hazard (i.e. glare). 8. Waiver Eight (8) as outlined on pages thirty-two (32) and t]urty-three (33) of the application reading as follows: `The applicant requests a waiver from Section 3.2 Landscape Design - Landscaping Parking Areas of the EDD Design Manual ' The EDD Design Manual requires that a landscape island be provided for every ten (10) parking spaces. The applicant is proposing the following: ` ... shade trees are to be provided at a ratio of one (1) three inch (3 ") caliper tree per ten (10) individual parking spaces provided that ninety percent (90%) of the spaces .are within fifty (50) feet of the center of a shade tree ' The applicant argues that this provision will require the planting of the same number of tress that would be required under the Design Manual, but would allow for larger trees to be planted, allow for a more compact parking lot with less impervious surface area, and allow for shorter walking distances to storefronts for patrons. .Staff Comment: Staff supports the waiver request due to the demonstrated compliance with the spirit and intent of the EDD Design Manual 9. Waiver Nine (9) as outlined on page thirty-four (34) of the application reading as follows: `The applicant requests a waiver from Section 3.2 Landscape Design -Building and Grounds of the EDD Design Manual' ~, l`~~ The EDD Design Manual requires that the entire base or foundation of a proposed structure is to be landscaped. The applicant is proposing the following: ` ... to provide for building and grounds Landscaped Areas along thirty percent (30%) of a buildings perimeter to soften building edges while maintaining necessary sidewalk and outdoor display areas' The applicant argues that this modification will allow for the use of sidewalks and pedestrian plazas to promote the accessibility of the project. Staff Comment: Staff supports the waiver request due to the demonstrated compliance with the spirit and intent of the EDD Design Manual although staff needs more specificity on the proposed `outdoor display areas' referenced above. 10. Waiver Ten (10) as outlined on page thirty-five (35) of the application reading as follows: `The applicant requests a waiver front Section 3.2 Landscape Design -Building and Grounds of the EDD Design Manual' The EDD Design Manual indicates that no fence or .wall shall be allowed within ten (10) feet of any front property line or street right-of--way. The applicant is proposing to reduce this requirement and allow for the placement of landscape and architectural walls within one (1) foot of property lines and street right-of--ways provided that adequate site triangles and utility accesses are preserved: The applicant argues that this waiver will help to strengthen the architectural edge of the project and provide a more `urban' character for the development. Staff Comment: Staff recommends that the BOCC consider allowing for modifications to the setback standards as requested by the applicant only when the applicant can demonstrate on asite-specific development plan that the design feature will not create a public safety risk and that the encroachment is needed to foster acceptable architectural features. 11. Waiver Eleven (11) as outlined on page thirty-six (36) of the application reading as follows: `The applicant requests a waive~° from Section 3. S Signs and Lighting -Signs - General Criteria of the EDD Design Manual' The EDD Design Manual limits the use of signs within this district to: a. A maximum number of three (3) signs per use, b. A maximum number of one. (1) freestanding sign per use, c. A total square footage limitation of two hundred (200) square feet for all signs located within the development, d. A maximum size limit of seventy-five (75) square feet, and e. A twelve (12) foot limit on sign height As outlined within the application, beginning on page thirty-seven (37) the applicant is proposing: i r~~ a. One (1) project identification sign that is fifty (50) feet in height and six hundred (600) square feet in area, b. A Maximum of eight (8) Tenant/Directory Signs that are fifteen (15) feet in height and have three hundred (300) square feet of sign area each, c. For each `Major/Minor Tenant' three (3) signs (wall, window, etc) for each building, d. One (1) projecting sign for each `Minor Tenant', e. Directional signs at a maximum height of twelve (12) feet with a maximum size of one hundred (100) square feet for each sign Staff Comment: The applicant intends to provide. additional detail on this item at the May 7, 2008 Planning Board meeting. 12. Waiver Twelve (12) as outlined on page forty-two (42) of the application reading as follows: `The applicant requests a waiver from Section 3.3 Circulation and Parking - Parking Standards of the EDD Design Manual' The applicant is requesting that required parking for retail uses be modified from one (1} space for every two hundred (200) square feet to one (1) space for. every. three hundred (300) square feet. The rationale for the request is that is will reduce the overall .impervious surface area for the project and create more open space. Staff Comment: Staff supports the waiver request as submitted. C 13. Waiver Thirteen (13) as outlined on page forty-five (45) of the application reading as follows: `The applicant requests a waiver from Section 3.2 of the EDD Design Manual requiring that breaks in the MTC buffers be limited to one (1) and no more that twenty-five percent (25%) of the total buffer' The applicant is requesting that more `buffer breaks' be allowed along the Interstate to afford the development additional sight lines from the highway. The applicant is requesting the ability to create breaks within the required buffer of up to sixty percent (60%). The rationale for the request is that the breaks are necessary to accommodate proposed stormwater `quality devices' and that the areas will be re- landscaped to `create a more visually interesting landscape incorporating the open areas'. The applicant further requests that within the remaining forty percent (40%) protected buffer area that `hand clearing' of any existing vegetation be allowed provided that aminimum offifty-four (54) .trees per acre be maintained at all times. Staff Comment: The applicant intends to provide additional detail on this item at the May 7, 2008 Planning Board meeting. 14. Waiver Fourteen (14) as outlined on page forty-six (46) of the application reading as follows: r ~`1`~ `The applicant requests a waiver from Section 3.2 of the EDD Design Manual requiring fifty (SO) to one hundred (100) foot buffers along adjacent residential properties along Buckhorn Road' The applicant is proposing to reduce this buffer to twenty-five (25) feet in width. The rationale for this request is that the existing buffer requirements are too restrictive and that the project will `enhance' the property value of many of the adjacent undeveloped and older residential properties. Staff C`®ararraent: The applicant intends to provide additional detail on this item at the May 7, 2008 Planning Board meeting. `~ V~ Attachment 6 ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 ~V~ , PART ONE - OVERVIEW: SECTION 1-1 INTRODUCTION: This Planned Development rezoning plan, entitled `Buckhorn Village Planned Development' (hereafter `BVPD'), is a rezoning and development plan submitted to the Orange County Board of County Commissioners (hereafter `BOCC) in accordance with the provisions of Article Seven (7) Planned Developments and Article Eight (8) Special Use Permits of the Orange County Zoning Ordinance. This document contains the various additional standards and guidelines that shall be utilized by the ,County to evaluate various development projects submitted proposing the development of various land uses associated with the subject property. In order for development to occur within the BVPD, an applicant shall be required to demonstrate compliance with: a. Section 6.29.3 Economic Development Districts Design Manual of the Orange County Zoning Ordinance, b. The Approved Master Plan, and c. The various standards contained herein In cases where there is a conflict, or there is a lack of a standard within the application, the Special Use Permit (hereafter `SUP) conditions shall take precedent. SECTION 1-2 PROJECT SIZE AND LOCATION: The BVPD project is located within the CHEEKS Township of Orange County, North Carolina and is situated primarily on some one hundred thirty (130) acres ofproperty located within the I-85 Interstate Buckhorn Road Economic Development District, south of I-85 and north of West Ten Road, specifically: 1. A one hundred ten (110) acre tract of land identified as 508 Buckhorn Road (TMBL 3.28..20 /PIN 9834-561587), 2. A seventeen (17) acre tract of land also identified as 508 Buckhorn Road (TMBL 3.28..20C /PIN 9834-47-5147), 3. A one (1) acre parcel of property that is located west of the two (2) previously identified properties, listed as 527 Buckhorn Road (TMBL 3.28..13 /PIN 9834-36-4223), and 4. A two (2) acre parcel of property along West Ten Road, adjacent to the previously identified one hundred ten (110) acre tract of land (TMBL 3.28..57C /PIN 9834-54-1735) r~1~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 EXEIIBIT ONE -Location Map ~°~~1 DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 200$ PART TWO -LAND USE PROGRAM AND DEVELOPMENT STANDARDS: SECTION 2-1 PERMITTED LAND USES Land uses within the various districts (District I, District II, and District III) shall be limited to those described in the Approved Master Plan and as detailed herein. In cases where a particular land use is not listed within, or deemed to be consistent with, either the Approved Master Plan or as detailed within this document, the use shall be deemed by the County to be prohilbited. Physical building development, design, and architectural standards governing the development of all land uses within each identified district are outlined under the Architectural Design section of this document. SECTION 2-2 DEVELOPMENT A12EA DISTRICTS There are three (3) separate development districts associated with the $VPD project as detailed within the following exhibit: Intentionally Left Blank EXHIBIT TWO -Development Districts `~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 SECTION 2-3 PERMITTEII USES The various approved land uses acceptable for development within each individual district, per Section 6.29.3 Economic Development Districts Design Manual -Part Two Performance Standards -Section 2.2 Permitted Uses and the Approved Master Plan, are as follows: 1. Residential Dwelling, Multi-family limited to apartments or condominiums within a free standing building or developed over additional land uses, 2. Agricultural, Forestry and Fishing: Veterinarian services excluding boarding facilities 3. Manufacturing, Assembly, and Processing: a. Bakery, b. Miscellaneous food preparation (i.e. coffee roasting, confectionary products, etc), c. Watches and clock, d. Jewelry and silverware, e. Musical Instruments, 4. Transportation, Communications, and Utilities: a. RaiUBus passenger shelter, b. Surface and structure arkin as rinci al use when associated with a ` p g p P local or regional transportation goal (i.e. mass transit or park-and-ride lots) c. Public utility stations and sub-stations, switching stations, and telephone exchanges, d. Water and sanitary sewer pumping stations 5. Retail Trade: a. Restaurants (carry-out and general) when located within a stand alone building, court or plaza, or an single building with multiple tenants, b. Retail Trade, sales and rental of durable and convenience goods, merchandise, ad equipment when located within a stand alone building, court or plaza, or an single building with multiple tenants. 6. Finance, Insurance, and Real Estate: a. Banks, savings and loans, and credit unions, b. Security and commodity brokers and investment offices, c. Insurance carriers and agents, d. Real estate agents and brokers, ~~( DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 e. ATM cash machines either stand along or as part of a financial ~ institution as approved herein, 7. Services: a. Automotive Service (i.e. gas station) b. Conference and/or meeting facilities, c. Daycare facilities, d. Hotels and Motels, e. Schools dance, art, music, f. Beauty and barber shops, g. Indoor theaters, h. Indoor entertainment (i.e. arcade, sport activity, etc), i. Health and Fitness Clubs, j. Health services including doctors and dentist offices without medical or dental laboratories, k. Laundry, dry cleaning, and shoe repair services, L Libraries, m. Art/photographic studios, n. Publishing and printing, o. Recreational facilities, p. Other offices and personal services including: i. Attorney, ii. Watch and jewelry repair, iii. Computer programming and data processing, iv. Employment and Travel agencies, v. Accounting, vi. Engineering, vii. Architectural, viii. Surveying without outdoor storage of equipment 8. Government: a. Protective services including: i. Police, ii. Fire, iii. Rescue squad, ,~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE Ma 7 2008 Y iv. Volunteer fire deparhnents b. Government facilities and office buildings 9. Other Uses: a. Parks, b. Outdoor theaters, c. Greenways, d. Community/roof top gardens SECTION 2-2-1 DEVELOPMENT ARIAS -DISTRICT I: District I is located within the northeastern portion of the property and is intended to support the development of large destination retail uses. The breakdown of development permitted within this district is as follows: 1. A maximum of two (2) free-standing buildings supporting separate, independent, Retail Trade operations, as outlined herein, totaling no more than one hundred sixty thousand (160,000) square feet floor of building footprint. 2. A maximum of two (2) free-standing buildings supporting multiple land uses including those uses previously identified within the following categories: a. Agricultural, Forestry and Fishing b. Manufacturing, Assembly, and Processing c. Retail Trade, and d. Services excluding Motels and Hotels, These two (2) multi-tenant buildings shall be limited to a total of twenty-five thousand (25,000) square feet floor of building footprint. Development of any and all Land Uses within District I shall be limited to a total of one hundred eighty five thousand (185,000) square feet of building footprint including any and all accessory structures deemed by the County as necessary to support the proposed operation not to include those uses listed within the: 1. Transportation, Communications, and Utilities and 2. Other Uses categories that are deemed necessary to support, or provide ancillary amenities to, the development of the District. SECTION 2-2-~2 DEVELOPMENT AREAS -DISTRICT II: District II is located within the northwestern portion of the property, along Buckhorn Road, and is intended to support amixed-use development scheme indicative of a downtown `main street' facade. The intent of this district is to cluster development in order to feature a traditional main \ t`~~~ DRAFT -.CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 street promenade. Within District II, there shall at least one (1) acre of open space/commons area. The breakdown of development permitted within this district shall be as follows: 1. :A. maximum of Thirteen (13) free-standing buildings, or buildings connected through a court yard or plaza, supporting multiple land uses on single or multiple floors, including those uses previously identified within the following categories: a. Residential Dwelling, Multi-family limited to apartment or condominium units located over other permitted uses in multi-tenant buildings, b. Manufacturing, Assembly, and Processing, c. Retail Trade, . d. Finance; Insurance, and Real Estate and e. Services excluding Hotels and Motels. Total cumulative building footprint for these structures shall be limited to three hundred thousand (300,000) square feet. Residential Dwelling, Multi-family uses shall be limited to a total of two hundred (200) units within District II with a minimum requirement of seventy-five (7S) units to be developed within District IL 2. A maximum of Five (5) free-standing buildings supporting multiple land uses, on single floors, including those uses previously identified within the following categories: a. Manufacturing, Assembly, and Processing, b. Retail Trade, c. Finance, Insurance, and Real Estate, and d. Services excluding Hotels and Motels, Total cumulative building footprint for these structures shall be limited to eighty thousand (80,000) square feet. 3. A maximum of Five (S) free-standing buildings supporting separate, independent, land uses including those uses previously identified within the following categories: a. Manufacturing, Assembly, an Processing, b. Retail Trade, c. Finance, Insurance, and Real Estate and d. Services excluding Hotels and Motels. Total cumulative building footprint for these uses shall be limited . to seventy-five thousand (75,000) square feet. 4. A maximum of Three (3) free-standing, separate buildings supporting Services, Hotels and Motels land uses including any and all ancillary accessory uses including: restaurants and meeting facilities. r~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 Total cumulative building footprint for these uses shall be limited to sixty-five thousand (65,000) square feet. 5. A maximum of One (1) free-standing building supporting a Service, Automotive Convenience Store land use (i.e. gas station with convenience store) including an accessory Restaurant use without drive-thru facilities limited to a total of two thousand (2,000) square feet of floor area. Development of any and all land uses within District II is limited to a cumulative total of five hundredt twenty-two thousand (522,000) square feet of gross building footprint including any and all accessory structures deemed by the County as necessary to support the proposed operation not to include those uses listed within the: 1. Transportation, Communications, and Utilities and 2. Other Uses categories that are deemed necessary to support, or provide ancillary amenities to, the development of the District. SECTION 2-2-3 DEVELOPMENT AREAS -DISTRICT III: District III is located within the southwestern portion of the property, along West Ten Road, and is intended to support a regional commercial developments as well as mixed-use development in an effort to expand on the main street theme established within District IL \_ The breakdown of development permitted within this district shall be as follows: 1. A maximum of Twelve (12) free-standing buildings supporting multiple land uses including those uses previously identified within the following categories: a. Manufacturing, Assembly, an Processing, b. Retail Trade, c. Finance, Insurance, and Real Estate, and d. Services excluding Hotels and Motels, Total cumulative building footprint shall be limited to one hundred fifty thousand (150,000) square feet. 2. A maximum of Eleven (11) free-standing buildings supporting single, independent, land uses including those uses previously identified within the following categories: a. Manufacturing, Assembly, an Processing, b. Retail Trade, c. Finance, Insurance, and Real Estate, and d. Services excluding Hotels and Motels, Total cumulative building footprint shall be limited to three hundred fifty thousand C (350,000) square feet. ~,~"~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 3. A maximum of Four (4) freestanding buildings supporting Residential Dwelling, Multi= family land uses limited to a cumulative total, for the entire project, of two hundred (200) units. 4. A maximum of One (1) free-standing building supporting a Service, Automotive Convenience Store land use (i.e. gas station with convenience store) including an accessory Restaurant use without drive-thru facilities limited to a total of two thousand (2,000) square feet of floor area. Development of any and all Land Uses within District III shall be limited to a total of six hundred and six thousand (606,000) square feet of gross building footprint including any and all accessory structures deemed by the County as necessary to support the' proposed operation not to include those uses listed within the: 1. Transportation, Communications, and Utilities, 2. Government Uses, and 3. Other Uses . categories that are deemed necessary to support, or provide ancillary amenities to, the development of the District. SECTION 2-2-4 DEVELOPMENT STANI)ARI)S -SPECIFIC REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT: The following additional standards shall apply for residential development within the BVPD project: 1. There shall be a minimum of thirty percent (30%) of the housing units designated as being `affordable housing units', . 2. Through Deed restrictions and this document, the cost for renting/purchasing/leasing these units shall be based on thirty percent (30%) of the medium family income for Orange County as detailed within the 2000 Census report, SECTION 2-2-5 DEVELOPMENT STANDARDS -CONVERSION TABLE: The total developed site will contain a maximum 1.144 million square feet of building footprint. Within the entire development there will be a maximum of three (3) hotels, two (2) service/convenience stations and two (2) theater/entertainment centers. The following conversion factors allow the flexibility of converting retail space to hotel rooms, theater seats, or condominium units. These factors will be used as site plans are developed to maintain the integrity of the traffic impact analysis. The net result in using these conversion factors will be to hold constant the anticipated traffic generation to and from the site. ,~~Y DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 USE RETAIL EQUIVALENT COTfVERSION FACTOR 30,000 s ware feet of retail Residential, Multi-family Two hundred (200) units •0067 units /square foot of retail Indoor Theater Three hundred eighty-five .0128 units /square foot of 385 seats retail Hotel 160 rooms .0053 units /square foot of retail Using the table above, you can determine that for every one (1) additional condo unit that is constructed, in addition to what was estimated in the traffic impact analysis, approximately one hundred fifty (150) square feet of constructible retail area must be subtracted from the proposed 1.144 million. square feet of building footprint cumulative total to maintain the same trip generations projected within the TIA. Similarly, for Theatres and Hotels, the constructible retail must be reduced by seventy-eight (78) square feet and one hundred eighty-nine (189) square feet respectively. Development of all permanent structures and support facilities, including parking facilities, constructed within each established District shall be in accordance with the Design/Architectural Criteria as contained herein. \` ~~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 PART 2-3 - PERFORIVIANCE STANDARDS: SECTION 2-3-1 LAND USE INTENSITY: Land use intensity for the BVPD shall be regulated in accordance with the following: 1. BVPD shall maintain a maximum limit of seventy percent (70%) of impervious surface for the entire project, approximately ninety (90) acres, 2. BVPD shall maintain a maximum percentage of open/landscaped space of thirty percent (30%) for the entire project, approximately forty (40) acres, 3. BVPD shall maintain a Maximum Floor Area Ratio of .30 for all buildings constructed within the project, meaning that open space must be appropriately site planned to maintain .required ratio even though the site specific core site plan, less adjacent or disconnected open space, may exceed seventy percent (70%) impervious surface area, 4. BVPD shall maintain a Maximum Building Height of six (6) stories for all buildings constructed within the project, 5. The allowable impervious surface area, and required open/landscaped space, shall be distributed among the three (3).development districts, meaning that for the entire project there can only be approximately ninety (90) acres 'of impervious surface area and there has to be, at a minimum forty (40) acres of open/landscaped space, 6. Each site plan submitted proposing the development of an individual district, or a single building within a district, shall supply documentation outlining the cumulative total of ' impervious surface and open/landscape area for the district as well for the BVPD project as a whole in order to verify acceptable levels of developmental intensity, 7. Each site plan submitted proposing the development of an individual district, or a single building within a district, shall supply documentation outlining the projects compliance with the Floor Area Ratio standards as contained herein. This documentation shall include an evaluation of the existing Floor Area Ratio for. the individual district where the project is located as well for the BVPD project as a whole, 8. Internal landscaping and green space, specifically recreational area for the proposed Residential Dwelling, Multi-family units shall not be counted as part of the total percentage of allotted open space as detailed within this formula. SECTION 2-3-2 ENVIRONMENTAL FACTORS: Environmental factors for the BVPD shall be regulated in accordance with the following: 1. NOISE: a.. Noise generated by construction activities shall be regulated in accordance with the provisions of the Orange County Noise Ordinance, including adherence to establish standards for the commencement, and cessation, of construction activities, 1~' DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 b. Maximum permitted sound/noise levels for all land uses shall be regulated in accordance with the provisions of the Orange County Noise Ordinance, 2. VIBRATION. No permitted or accessory use within BVPD may generate transmitted vibration that is perceptible to the human sense of touch, measured at the property boundary of the use generating the vibration, in accordance with the following standards: Receiving Land Use Category Maximum Particle Velocity for (external) Generating Land Use Category (Inches/Second) Residential development of all types 0.02 Non-residential development of all types 0.10 a. Vibration levels, as established above, are stated in terms of particle velocity that may be measured directly with suitable instrumentation or computed on the basis of the displacement frequency utilizing the following formula: z. PV = 6.28 x F x D where 1. `PV' stands for Particle Velocity (inches/second) 2. `F' stands for Vibration Frequency (cycles per second) 3. `D' stands for Single Amplitude Displacement of the Vibration (inches) b. Vibrations resulting from construction and/or other temporary activities.that occur between the hours of 7:00 a.m. and 7:00 p.m. are exempt from these standards 3. AIR POLLUTION. BVPD shall comply with any and .all applicable air quality ..standards established by the State Environmental Management Commission and with any and all Air Quality permits issued for the project, 4. ELECTROMAGNETIC INTERFERENCE. BVPD shall comply with any and all applicable standards established by the State as well as the Federal Communications Commission (FCC) concerning electromagnetic interference, 5. HAZARDOUS MATERIALS. Individual tenants shall be required to demonstrate compliance with any and all applicable Federal, State, and local regulations governing the storage, use, and disposal of hazardous materials, 6. SOLID WASTE. The following standards shall be observed with respect to the management of solid waste: a. The developer shall enter into a Memorandum of Agreement with the County and the City of Mebane outlining the proper disposal methodology for solid waste management. This agreement will outline the necessary interim and long-term solid waste needs of the development and identify the various agencies that will be responsible for monitoring and enforcing acceptable waste management practices, ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 b. The developer shall demonstrate compliance with the Orange County Regulated Recyclable Materials Ordinance (RRMO) regardless of permitting jurisdiction (Chapter 34 Article III of the Orange County Code of Ordinances), c. The applicant shall develop a Solid Waste Management Plan for each portion of the project for review and approval by Orange County Solid Waste (regardless of permitting jurisdiction) for the life of the project. Specifically, this plan shall address how land clearing, demolition, and construction wastes will be disposed of and that recyclables and waste generation rates be considered in planning for waste collection services regardless of waste or recycling provider, d. Prior to the commencement of earth disturbing activities on the property, the developer shall hold a deconstruction assessment meeting with Orange County staff concerning the removal of existing buildings from the property.. e. All site plans shall contain a note indicating the following:: "Prior to any demolition or construction activity on the site the applicant will hold a deconstruction assessment conference with the County's Solid Waste staff concerning buildings to be removed from this site." . f. The applicant shall provide both internal and external space for collection of solid waste and recyclable materials. Materials .collected shall be at least equivalent to the services provided by Orange County Solid Waste. g. Waste collection areas shall be located in such a manner as to provide convenient access for users of the facility and safe passage for service vehicles. h. The developer shall be required to place the following additional notes on any approved site plan: i. `Any gate design will include gate retainers.' ii. `The user will be responsible for opening gates to the dumpster area on collection days of any material(s) to be collected from this location.' iii. `If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers will not receive service until the next scheduled collection day.' iv. `Orange County will not be responsible for any pavement damage that ,may result from service vehicles.' v. `By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled. ` vi. `By Orange County Ordinance, all haulers of construction waste must be properly licensed.' And vii. `Prior to any demolition or construction activity o~ the site the applicant will hold apre-demolition/pre-construction conference with ~~® DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 the County's Solid Waste staff. This may be the same meeting held j with other development officials' l i. In cases where waste collection areas are located across property lines or district lines for shared areas, the developer shall prepare and record a joint access agreement (and a shared dumpster agreement) to assure that (both parties may use) the proposed trash/recycling area and that it can be serviced across property lines. j. The developer shall reserve space within all solid waste collection areas for segregated grease rendering/recycling collection facilities and shall provide space for segregated food waste collection near the delivery entrance for any building that houses, proposes.. to include, or may at some future date incorporate a restaurant, cafeteria,. bar, or other food service facility at any time. k. The developer shall ensure that all phases of the development shall comply with House Bill 1518 (ABC Recycling) (NCGS 18B) for .all portions of the development, which contain or may contain establishments requiring an ABC License. 1. A note shall be required on all site plans reading as .follows: `The burning or burial of construction debris, trees, limbs, stumps, is prohibited.' m. All solid waste containers, dumpsters, recycling bins, etc. shall be located within an enclosure, buffered in accordance with the standards contained herein, and meeting the following criteria: i. Loading areas shall only face side or rear property lines, `- ii. Solid waste enclosures shall be so located as to not impact internal traffic flow, iii. Loading zoned shall not be located within areas designated as housing for solid waste facilities. 7. EROSION CONTROL. The following standards shall be observed with respect to .grading and erosion control activities:. a. The developer shall cause a formal Erosion Control plan (ECP) to be prepared and submitted for review and approval by the County Erosion Control Department prior to the commencement of any earth disturbing activities, b. State of the art skimmer basins designed to meet or exceed the requirements in the North Carolina Erosion and Sediment Control Planning and Design Manual (July 2006) must be utilized to control sedimentation during construction. i. Floating skimmers, such as Faircloth skimmers or equivalent, must be utilized in each basin. ii. Skimmers must dewater from the surface within 24 to 72 hours, and the orifice size of the skimmer must be correctly sized to obtain the appropriate discharge rate. \, ~~ l DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 iii. Supporting engineering calculations will be submitted with the erosion control plan. c. Compliance with erosion control requirements will be performance based. The developer will install and maintain devices to adequately maintain sediment on- site. Additional controls will be required if off-site sedimentation occurs, even if the site is in compliance with the approved plan, d. The developer shall collaborate with County staff during the erosion control plan design process. To encourage this, a minimum of one (1)pre-application meeting with erosion control staff will be conducted prior to submittal of the ECP, and a pre-construction conference will be conducted prior to land disturbance activities, e. The developer shall adhere to the maximum slope grading standards of 3:1 per Orange County regulations. In cases where a different slope is required to adhere to other local and State requirement, most notably NC DOT driveway access requirements, or a flatter slope is deemed more viable to avoid the wholesale grading of the property or removal of significant vegetation, the developer has the ability to observe a maximum slope ratio of 2:1 so long as: i. The developer can demonstrate on a formally submitted site plan as well as within the grading plan that the reduction will be substantially complaint with the overall intent of County grading and erosion control standards and will not create unnecessary interior, or off-site, impacts ii. That adherence to the established 3:1 slope standard will require excessive grading of the property, iii. That adherence to the established 3:1 slope standards will result in higher velocity stormwater runoff, f. Minimize disturbance and phase development wherever practical. g. The developer shall ensure that any grading activity will be conducted in such a manner that existing vegetation will be preserved and. maintained on the property h. The developer shall utilize the natural shape of the land with minimal grading to locate features in a way that minimize impacts on and off the site. i. The developer shall adhere to NC DOT maximum slope standards for driveways and access drives of a two percent (2%) minimum to a twelve percent (12%) maximum slope where it can be demonstrated on a site plan and on the grading plan that slopes exceeding the current Orange County limit of five percent (5%) are necessary to facilitate safe, pedestrian friendly circulation within the development and individual districts. j. The developer shall ensure that all erosion control devices and designs shall adhere to the Orange County Soil Erosion and Sedimentation Control Ordinance dated Octobex 23, 2007. r~~' DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 8. STORMWATER MANAGEMENT. The following standards shall be observed with respect to stormwater management activities for the project: a. Riparian areas (stream buffers) shall be maintained in compliance with the Orange County Stormwater Ordinance for Lands within the Neuse River Basin (Neuse Rules) adopted March 9, 2001, and as amended October 23, 2007. b. Impacts to the Neuse stream. buffers on site shall comply with the uses listed in the Neuse Rules and the Orange County Zoning Ordinance. Examples of listed uses include utilities, roadways, etc. If Neuse stream buffer mitigation is required as a result this development, preference should be given to on-site mitigation such as stream buffer enhancement and/or restoration. c. The project shall comply with the stormwater requirements listed in the Neuse Rules. This includes: i. No net increase in peak flow leaving the site .from the' predevelopment conditions for the 1-year, 24-hour storm; predevelopment conditions are those currently existing as of Apri19, 2008, and ii. Nitrogen load contribution leaving the site must be held to 3.6 lbs per acre per year. d. A Master Stormwater Management Plan (SMP) shall 'be developed to address stormwater runoff for the entire development even though individual parcels may be responsible for installing Stormwater best management practices (BMPs). e. Innovative stormwater BMPs and practices shall be utilized that meet or exceed the requirements of the current version of the North Carolina Division of Water Quality Stormwater Best Management Practices Manual (July 2007). f. The Neuse Rules allow commercial development to utilize a one time offset payment to bring nitrogen down to the 3.6 lbs/ac/year if g. The project shall utilize on-site stormwater best management practices (BMPs) to meet these requirements to the extent practical. Using offset payments only in lieu of stormwater BMP's will not be accepted. h. The project shall install stormwater BMP's to remove enough nitrogen to bring the development down to 3.61bs/ac/yr export OR do a combination of BMP's and offset payment to achieve a 3.6 lbs/ac/year export. A combination of Stormwater BMP's and offset payment will be allowed under the following conditions: i. Onsite stormwater BMPs are designed so that the computed nitrogen loading is below 7.0 lbs/ac/year that is more restrictive that the Neuse Rules currently require. ii. The offset fee to bring the remaining loading rate to the 3.6 lbs/ac/year is used in Orange County. , i~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 i. The developer shall collaborate with County staff during the SMP design process. ~' To encourage this, a minimum of three .meetings with stormwater staff will be conducted prior to submittal of the SMP. 9. WATER SUPPLY AND SEWAGE DISPOSAL. Please refer to Section Six (6) Utilities and Other Public Services. SECTION 2-3-3 GENERAL PERFORMANCE STANDARDS: 1. ENVIRONMENTAL: The following additional performance standard shall be adhered to in addressing the environmental impact of the BVPD project: a. BVPD shall comply with the requirements for the EPA -Construction General Permit (CGP) and the Phase I and Phase II of the National Pollutant Discharge Elimination System (NPDES) program. b. BVPD shall not propose to develop buildings, hardscape, roads or parking areas on portions of sites that meet any one of the following criteria: i. Previously undeveloped land whose elevation is lower than 5 feet above the elevation of the 100- year flood as defined by FEMA (Federal Emergency Management Agency), ii. Land that is specifically identified as habitat for any species on Federal or State threatened or endangered lists, iii. Within 100 feet of any contiguous wetlands, as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations unless otherwise mitigated in accordance with US Army Corps guidelines/standards, and iv. Previously undeveloped land that is within fifty (50) feet of a water body, defined as seas, lakes, rivers, streams and tributaries which support or could support fish, recreation or industrial use, consistent with the terminology of the Clean Water Act. c. BVPD shall adhere to any and all applicable regulations contained within the Orange County Zoning Ordinance addressing the protection of the natural area around identified streams or water bodies, 2. WATER EFFICIENCY: a. The developer is restricted from using potable, municipal water, for irrigation purposes. As a result, the developer shall utilize captured rainwater, or water `_ `~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE Ma 7, 2008 Y treated and conveyed by a public agency specifically for non-potable uses for irrigation of landscaped area within the development, b. As outlined within the Landscaping and Buffer standards, the developer shall only install landscaping that does not require permanent irrigation systems and are considered to be draught tolerant in accordance with County regulations, c. Through lease agreements, covenants, and other similar deed restrictions the developer shall require that all tenants install and utilize low flow water fixtures (i.e. toilets, sinks, shower heads, etc.) as part of the development. 3. INDOOR ENVICRONNiETNAL (QUALITY: Through lease agreements, covenants, and other similar deed restrictions the developer shall require that: i. Smoking be prohibited within a building or that there be designated smoking areas within a structure. If smoking areas are designated within a building, they shall be so located to effectively contain, capture, and remove ETS from the building, ii. That external smoking areas shall be a minimum of fifty (50) feet away from entries, outdoor air intakes and operable windows. l DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 PART 2-4 - DESIGN CRITERIA: SECTION 2-4-1 ARCHITECTURAL DESIGN: Architectural design issues shall be regulated in the following manner for the BVPD project: 1. An BVPD Architectural Review Board (BVPD-ARB) shall be established prior to the submission of any site plan commencing the development of any land use within the three (3) BVPD Development Districts. The purpose. of this review board is to oversee, comment, and guide the design of any and all proposed buildings, signage, additional landscaping, lighting, and other similar submittals to ensure compliance with all applicable standards as referenced herein. Membership on the board shall include: i. The applicant(s), ii. A registered architect, iii. A landscape architect, iv. A civil engineer, and v. Other building and design professionals as appropriate. Once a submittal is deemed to be satisfactory, the ARB board shall issue a Letter of Compliance to the County indicating that the ARB members have found that, in their opinion, the project is consistent with the various guidelines, standards, and regulations governing development within the BVPD: No government agency responsible for the pernvtting of any project within the development site. shall accept a development application without this Letter of Compliance. 2. The following exterior. finishes and/or siding materials shall be allowed throughout the project: a. Cement/concrete siding, such as Hardi-plank or equal material, shall be used to simulate wood and wood trusses where a rustic look is desired, b. Brick and/or stucco, c. Concrete in pre-cast or cast-in-place (CIP) applications shall be allowed. Where such material is utilized, large expanses will be broken-up and modulated with architectural variations like scoring, reveals, ornamental embellishments, etc. d. Dry-stack and/or ashlar stone maybe used as an identifying characteristic, e. Concrete masonry units (CMU's). For this project, CMUs shall be: '~~ i. Standard block, painted for service areas out of public view, rears of parapets, etc OR `~~ DRAFT, -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 ' ii. Split-face CMU's f. All storefronts and glass walls shall utilize glazing. Reflective and/or mirrored glass is prohibited. 3. All buildings shall be designed to incorporate and accommodate alternative ,energy systems, 4. Streetscapes, for connected or individual buildings, connected via a court yard or plaza, shall utilize similar design elements and compositions to ensure uniformity, 5. ' With respect to roof lines and design, the following standards shall apply: a. Roof designs that .serve to enhance .the capture of natural light ..shall be encouraged, b. All rooftop HVAC equipment, elevator overrides, and other similar devises will either be: i. Clad in exterior materials that are not reflective or illumuzated and are stealth-like in their appearance ,OR ii. Are designed as an architectural feature, OR iii. Screened through some vegetative buffer or fencing. c. Solar panels shall be allowed to be installed along roof tops, including raised panels to allow for tracking of the suns rays, so long as: i. The panels do not create sufficient glare to create a public safety hazard, and ii. The panels are screened from view at street level, The installation of these devises shall be reviewed and approved by the Orange . County Planning Department on a case-by-case basis. d. Slopped standing seam metal roofs shall be permitted to long as they are designed to blend in with the architecture of the building and the district, e. Flat roofs comprised of TCP, EPDM, rubber single-ply membrane and other similar products shall be permitted to long as the applicant demonstrates that the roof shall be hidden or shielded from the public's street view through the use of parapets, railings, or balusters. 6. 'Any and all accessory buildings and enclosures whether attached to or detached from the main building, including automatic teller machines, shall be designed to complement the site architecture and shall be integrated with the same scale, texture, color and detailing of adjacent architectural design, 7. Maximum slopes between two percent (2%) and five percent (5%} shall be maintained across all parking and pedestrian spaces to guarantee compliance with the Americans with Disabilities Act (ADA), $. Any required deviation to address NC DOT drive slope requirements shall be limited to occur along access drives and/or between individual districts to avoid internal District slope conflict creating accessibility issues, ~~U DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 9. Setbacks for any and all structures located within the BVPD project shall be as follows: Setback from Freestanding In-line Shops and Vehicular Use Storage Areas Signs Internal Buildings and Buildings Areas Property Structures Lines Front Ten (10) feet One (1) foot * Zero Zero Zero Side Ten (10) feet Zero Zero Zero Zero Rear Ten (10) feet One (1) foot * Zero Zero Zero * When proposed use is adjacent to common ownership property such as a private street, alley, and parking area. When this is not the case, then the setbacks for freestanding buildings shall be used* Setback from Freestanding In-line Shops and Vehicular Use Storage Areas Signs Perimeter Buildings and Buildings Areas Property Structures Lines Front Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet feet Side Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet feet Rear Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet feet. 10. Principal entrances shall have a front facade serving as the primary means of public ingress and egress that faces either a public space/court yard or a street, 1L Parks, green plazas, squares, court yards, etc shall have a minimum area of at least one - sixth (1/6) of an acre, and a width of at least one hundred (100) feet. These areas shall be located, at a maximum, within one-sixth (1/6) of a mile of at least seventy-five percent (75%) of any and ail dwelling units and/or business entrances, ,~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 SECTION 2-4-2 LANDSCAPING AND PRESERVATION DESIGN: C 1. All required internal and external landscaping shall be installed, or bonded, and maintained by the developer or their successor in perpetuity, 2. All internal landscaping associated with the development of an individual land use shall be installed or bonded prior to the issuance of a Certificate of Occupancy allowing for the occupancy of any building within the development site, 3. All landscaping shall be comprised of indigenous, drought resistant, vegetation, 4. A comprehensive, and detailed, landscaping plan shall.. be submitted to the Orange County Planning Department prior to any internal or external earth disturbing activity_or road work for review and approval by members of the staff as well as the following Planning partners, including: a. 'Cooperative Extension (staff arborist), b. NC DOT if encroachments are needed, c. Local utility companies (i.e. power, cable, phone, etc) 5. Developer shall demonstrate compliance with all applicable local and State regulations within the submitted landscaping plan as well as the approved BVPD Master Plan, 6. A11 external landscaping shall be watered through reclaimed stormwater, or on-site wells in the event that stormwater in unavailable, as proposed by the developer within the approved Master Plan. Detailed plans showing the anticipated method of care (i.e. underground sprinklers, maintenance personnel, etc) shall be submitted as part of the Landscape plan for review and approval by staff. 7. The developer shall provide any combination of the following strategies for all of the non-roof paved surfaces: i. Covered, at a minimum of twenty-five percent (25%), with tree shade within five (5) years of occupancy, ii. Paved with materials with a Solar Reflectance Index (SRI) of at least 29, or iii. .Paved with pervious concrete. 8. Limits of disturbance shall no more than: i. Forty (40') feet beyond any building perimeter, ii. Ten (10') feet beyond any sidewalk, patio, surface parking, and utilities less than twelve (12") inches in diameter, iii. Fifteen (15') beyond the edge of any roadway and main utility main trench, and iv. Twenty-five (25') feet beyond other constructed areas. DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 ~~ 9. The required landscaping within parking areas shall be in accordance with the following: i. Parking lot shade trees shall be provided at a ratio of one (1) three inch (3 ") minimum caliper tree for every ten (10) parking spaces as shown in the following diagram: Trar_r. arc saavn at GO' At Uie. metu+e cantiVl• 5i.e ti n S~dawat F~tamplc Illustmtcd: ;tOd 5pe>x5 770 < <'O.A IieBtl Wi't'! :rcc. Pri~wtn vrlre The applicant/developer is required to demonstrate that ninety percent (90%) of the parking spaces are within fifty (50) feet of the center of a shade tree. If not, additional landscaping shall be required. ii. The minimum tree planting area shall be nine (9) feet by eighteen (18) feet except where tree grates are provided, iii. Where trees are planted within tree grates, and surface paving encroaches into the planting area, then the minimum planting area shall be sixty-four (64) square feet in area by two (2) feet in depth, iv. Where parking lots and drives abut interior property lines, the ten (10) foot required landscaped area may be split ,among the two (2) ..adjoining property owners. 10. Screening of parking areas along the perimeter boundary of the project shall maintain a minimum tree spacing of sixty (60) feet and provide the required thirty-six inch (36") screening, required to be a minimum of twenty-four inches (24") at initial planting, adjacent to proposed parking spaces, 11. Landscaping along a buildings perimeter shall be in accordance with the following standards: ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE . May 7, 2008 C i. Thirty percent (30%) of a buildings perimeter shall be landscaped while maintaining the necessary sidewalk area as shown in the following diagram: --, ------------1 ------~--------- f:xaml+ly 4't' Tntnt 13u91diuF Fcrimctcr °,4? td' tticsinsunt Piusa;citlxii t'c:SmclrrSUSv s al1± li = 1.t8 U I;~limirrrnt Shruh I'lantires St1's; x ].8 [f'Lmrd~:aipcd hxy = ?a tfl-. F.sarnlslc'F3' latatlled.hngl'cunieicc='.'+dU19 ----- ---- --- 1~linimurn C:tn~tsc;ipal Purimcicr lp'G x 32i1 „4 ~• 9fi li' ]'.rrking Z Srnicc ]t.1in. Shnih t'lantimgs=-rr?a x afi:i l :uids¢npcd arc;r ° .{811'1-~ t I-iaa=-~i-4-1 I ~: ~~ ~ ,~''~ ,. - tittn~)s r ~;, SEtctps ,-1- Fltt'u•^.ed flan*c^: mnv he arrct lu IvlftU rcclui~lnants. Privrttc: 41Vn:c1 tit•i[It ~]'n-4irt:etl lyllr~ilnj„ . ~ ~'; i ~ n ~ ii. These areas may consist of lawn or shrub areas so long as the shrub areas, that have to be twenty-four inches (24") minimum in width, comprise a rninirnum of fifty percent (50%) of the total linear dimension along the building's perimeter. 12. With respect to internal street landscaping, there shall be one (1) tree at a three inch (3") caliper provided every sixty (60) feet as shown in the following diagram: ' _ 'tti~tLit~) ~ rCt:S Ill ~'i 6C~t'•5'dt~~ ;~ --r-r . __ - 1 ~ ' + ~_nGlli.~ l17 ~'}itntlCr'.+ :~ ii .~.~ , , _ ~Itra~t;~: r'~ it ~~ 3 '~~.1(t a$. i}( r +'I f}_e rrr it ;Ii! jl r11} j - zFi.+ti; ls:]ar~ ry !tttf} y ~ I}~.i .+ r kti i J .'~. ~-~ 1.. ., 1_t '.I. 1 (- .. 1 ! t t t-.: 1 1~y ~ ~3_6 f e' 1'ri+~~ar.~;, !~tr4~~1: ~,ti`iGau d 5ct.`~rrek~k ~'ar'~:.ital!. I r'`*i_ ~' ~' T' '- 1 i t -r.-r~+-+~-rrr t ~.. + . * -i- {+-+ f--1 +R~. i- -i'-j . {.i:~ +., -1~Y-r-r r .t...i. :"t~E•' ,~ iF t i t... .., i ~Ettr~is ' ~- ~ ~,, _ ~ Ptar~in~ ~ I I 13. All ground level HVAC, mechanical equipment cabinets, etc. shall be screened from view through the use of landscaping, walls, and or fencing, \_ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE 1V~ay 7, 2008 14. All solid waste containers, dumpsters, recycling bins, etc. shall be enclosed within a screened area with shrubs or plats plated along the base. SECTION 2-4-3 SIGNS AND LIGHTING: SIGNS: 1. Entry Portal Marker -providing the name of the development and identifying the names of major tenants. These signs are primarily intended for location at the main entrances to the project. Maximum Number: Four (4) signs, 2. Maximum Height: Fifteen (15) feet, Maximum Size: Three hundred (300) square feet each. Style of Sign: Internally illuminated cabinet style signs shall be prohibited. Entry portal markers shall be either raised/blocked lettering or a wall style sign that is externally illuminated. Sign Allocation: For Entry Portal Markers, the nameL, of the project shall occupy at least sixty percent (60%) of the sign area. Larger tenants are required to have a minimum of fifty thousand (50,000) square feet of floor area to qualify for signage on the Entry Portal Marker. Setback from right-of--way: Ten (10) feet Setback from private road: Five (5) feet Major Tenant Ident~cation -providing the name of the tenant that will be wall or building mounted. These signs .are reserved for tenants. occupying freestanding buildings or who axe part of amulti-tenant, single-story, freestanding building. Tenants qualifying for a Major Tenant Identification sign shall have to have a minimum of fifty thousand (50,000) square feet of floor area. Maximum Number: One (1) wall or building mounted sign per facade or individual rental space, Maximum Height: The sign cannot extend above the building/parapet height, Maximum Size: Two (2) square feet of signage for every one (1) square foot of frontage not to exceed three hundred (300) feet. Intentionally left blank .2~r~1 _ _ '~°~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 In cases where a building contains multiple tenants, wall signs shall be allowed as follows: thirty-two (32) square feet of sign are per tenant not to exceed three hundred (300) square feet per building. Sign must fit above tenant space and can only occupy two-thirds (2/3) of the building facade Style of Sign: No internally illuminated cabinet style signs shall be permitted within the development. Tenants are allowed to install a sign with individual letters that can be internally illuminated Setback from right-of--way: Not Applicable Setback from private road: Not Applicable 3. Minor Tenant Identification -providing the name of the tenant that.. will be wall or building mounted. These signs. are reserved for tenants occupying retail spaces along streetscapes where sidewalks are intended to be provided to facility public access. Maximum Number: 'One (1) wail or building mounted sign per facade or individual rental space, Maximum Height:. The sign cannot extend above the building/parapet height, Maximum Size: Twenty-four (24) square feet. Style of Sign:. No internally illuminated cabinet signs shall be permitted within the development. Tenants are allowed to install a sign with individual letters that can be internally illuminated Projecting Signs: In cases where projecting signs are utilized, the sign shall be mounted a minimum offifteen (15) feet above the sidewalk/pedestrian area. Projecting signs includes the following: i. Awnings, ii. Bracket signs (depicted) Setback from right-of--way: Not Applicable Setback from private road: Not Applicable ~ ~ r xx , , , ~'..~ ,mss {:~ j' ~~ ~~~ ,~: ,~ h' ~~ E~ ;w . t..UUI'tL'Sy f`I41t. ANSI ~~~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 5. 4. Directional Monuments -providing tenant location information to motorists and pedestrians along streets to manage traffic flow throughout the project. Maximum Number: As determined by staff during site plan review, Maximum Height: Twelve (12) feet, Maximum Size: One hundred (100) square feet each, Setback from right-of--way (all classifications): Ten (10) feet, Secondary Directional Signage- providing essential information to motorists and pedestrians with respect to services offered by the tenants (i.e. pick-up/drop-off areas, loading zones, do not enter, etc.). Secondary Directional Signage can contain advertising material, such as a logo or name of the tenant. Maximum Number: As determined by staff during site plan review, Maximum Height: As determined by staff during site plan review, Maximum Size: Nine (9) square feet Setback from right-of--way (all classifications): Ten (10) feet 6.. Window Signs - A sign erected on the interior side of a window of a place of business advertising any service, product, special, or sale conducted within the business where it is located. Window Sign's can also include the stenciling of the name of a non- residential establishment and may include hours of operation, phone numbers, and other pertinent information associated with the non-residential land use. Window Signs shall be limited to occupying a maximum of thirty (30) percent of the total window area where the sign is to be erected. This includes signs advertising specials .within the business, signs advertising sales, and signs advertising the name and other pertinent business information associated with the principal use that may be etched, attached, or otherwise made a permanent part of a pane of glass. LIGHTING: All outdoor lighting erected within the project shall be required to demonstrate compliance with all applicable County regulations including submission of any and all required lighting plans. ~~~ DRAFT -CONDITIONS OF APPROVAL.- BUCKHORN VILLAGE May 7, 2008 PART THREE -TRANSPORTATION: SECTION 3-1 THOROUGIIFAItE (EXTERNAL) PLANl~TING: Thoroughfare improvements shall be completed in accordance with the following: 1. External roadway improvements shall be constructed in accordance with a phased construction/development plan in accordance with NC DOT requirements and guidelines, the approved Traffic Impact Analysis (TIA), the approved Master Plan, and the. standards outlined herein, 2. The developer shall provide a revised TIA report that identified anticipated impacts of this development at the intersection of US 70 and Buckhorn Road as well as the intersection of Mt. Willing and West. Ten Road. The developer shall be responsible- for constructing any and all improvements at those intersections that are recommended to mitigate direct impacts resulting form this development. The revised TIA shall .also include weekend traffic counts at similar developments. The developer shall provide any additional facilities to accommodate. traffic flow on weekends as required by NC DOT from review of the revised TIA. The revised TIA shall be submitted and approved prior to the submission of any site plan proposing development within any of the approved Districts, c 3. Required roadway improvements shall be accommodated within existing road rights-of- C way. If additional right-of--way is required, the developer shall secure the necessary land via purchase agreements with affected property owners, 4. The proposed roadway expansion of the existing bridge over Interstate 85 to accommodate five (5) lanes of traffic, as detailed within the TIA, shall be designed to accommodate bicycle lanes and pedestrian sidewalks running both north and south, 5. The proposed widening of Buckhorn .Road to accommodate four (4) lanes of traffic, shall be designed to accommodate bicycle .lanes and pedestrian sidewalks running both north and south, 6. The developer shall widen Buckhorn Road along the southbound lane; from the intersection of West Ten Road, to create a merge lane for all southbound traffic, 7. A bicycle lane provided along the eastern portion of West Ten Road .running along property line of the development, 8. All street signals shall be erected on metal poles, rather than on wires extending across the intersection unless the width of the road makes the use of such poles impractical, 9. The County, the City of Mebane, and NC DOT shall approve all metal utility poles allowing for the erection of street signals, both internal and external, prior to installation, 10. The developer shall identify and develop segregated entrances and exists for pedestrian and construction vehicular traffic during. the development of the project to avoid conflict. These entrances shall be reviewed and approved by the .Orange County Planning Department prior to the commencement of earth disturbing activities, ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 11. The developer shall install sidewalks. along the perimeter of the property allowing for additional pedestrian access to the site, 12. The proposed two (2) additional left and right turn entrances/exits proposed for Buckhorn Road shall be installed but shall not be opened until construction begins on projects within District Two or Three, 13. The developer shall construct two (2) proposed bus pullouts at transit stops along Buckhorn Road concurrent with road improvements to Buckhorn Road to include a transit shelter at each stop, 14. The developer shall install a transit shelter at the two (2) transit stops (bus pullouts) within the development, 15. All traffic directional signage shall be installed at this time ~as well including, but not limited to: i. Stop signs, ii. Yield signs, iii. Bus parking and unloading informational signs, iv. Lane ends, Merge signs, v. Caution Pedestrian Traffic -Yield Signs, vi. Traffc safety signs designed to direct construction trafFc throughout the site, vii. Traffic warning signs indicating the location of private driveways and forbidding public access to the various properties, viii. Through traffic signs, ix. Any and all signs required by NC DOT for the project SECTION 3-2 ALTERNATIVE TRANSPORTATION: 1. The developer shall include bicycle lanes and sidewalks along both sides, northbound and southbound, of the bridge on Buckhorn Road over I-85. 2. The developer shall construct bicycle lanes and sidewalks along roads adjacent to the property boundaries: the northbound lane of Buckhorn Road from West Ten Road to I- 85; and the westbound lane of West Ten Road from the eastern edge of property on West Ten Road to Buckhorn Road. 3. The developer shall construct four (4) bus pullouts and transit shelters at locations indicated for transit stops on the submitted Transportation and Pedestrian Plan. The developer shall .construct the two (2) transit stops and shelters along Buckhorn Road concurrent with road improvements to Buckhorn Road. 4. The developer shall construct bicycle lanes on both sides of internal roads where bicycle lanes are indicated on the submitted Transportation and Pedestrian Plan. The developer will provide bicycle lanes along the major access road through the development to ~~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 adjacent property in the Economic Development District all the way to the eastern property boundary. 5. The developer will provide wide outside lanes (14') to accommodate bicycle traffic on internal roads where bicycle lanes are not provided. 6. The developer shall construct sidewalks on both sides of all internal roads. The developer will provide sidewalks along both sides of the major access road through the development to adjacent property in the Economic Development District all the way to the eastern property boundary. 7. The developer shall provide crosswalks at all intersections within the development. Crosswallc improvements may include painting, pavement changes, curb extensions that narrow the crossing distance, or other measures that may be warranted to improve pedestrian safety including crosswalk signals that provide assistance to deaf and visually impaired individuals announcing when it is safe to cross at intersections on the major access road. 8. The developer shall ensure the following Travel Demand Management requirements through incorporating these requirements into the leases or individual sales documents for future tenants to be included in the planned development owners' association covenants. 9. The developer shall develop a Travel Demand Management Plan for the entire development that includes, but is not limited to, the following provisions: The developer shall designate three percent (3%) of total parking spaces for all retail development as "Park and Ride". However, no more than 100 park and ride spaces shall be required. These park and ride spaces shall be located at/near the transit stop off the major access road through the development. Park and ride spaces, for the purpose of this section, shall be defined as spaces to be occupied by vehicles left by individuals who transfer to other modes of transportation for the remainder of their trip to an off site location. 10. The developer shall designate one percent 1% of parking spaces as reserved for carpool parking for any building with at .least 10,000 square feet devoted to office uses. 11. The developer shall provide parking facilities for bicycles (bicycle racks) in a secure location equal to one percent (1 %) of the .number of required parking spaces for each establishment. SECTION 3-3 INTERNAL TRAFFIC. CIRCULATION AND PARKING: l . The timeline for internal street improvements shall be as follows: a. Internal thoroughfares/main roadways shall all be constructed at the same time allowing for ingress and egress from Buckhorn and West Ten Roads, b. Roadways and drive-cuts affording internal access within Districts I, II, and III shall only be constructed after detailed site plans are approved by the County. r r ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 2. All streets and sidewalks shall be designated as available for general public use through an easement(s), 3. In implementing the internal circulation traffic pattern, the following street shall be designed to accommodate the following maximum speed limits: a. Alleys affording access to residential .land uses and to the rear of various buildings for service delivery: Ten (10) Miles and Hour, b. Streets serving the interior portions of District II: Ten (10) Miles and Hour, c. Streets serving as service roads to allow for the free flow of traffic between the various districts as well as Buckhorn and West 'Ten Roads: Twenty-two (22) Miles and hour. 4. Crosswalks .shall be painted, or otherwise delineated, within the roadways to signify pedestrian crossing points, 5. The developer shall cause crosswalk signals to be installed, where stoplights are located, providing assistance to deaf and visually impaired individuals announcing when it is safe to cross thoroughfares, 6. Entrances to parking areas for individual uses, whether it is a single, independent, land use or a multi-tenant building, shall be designed to channel traffic through central points off of interior thoroughfares in an effort to avoid unnecessary vehicular and/or pedestrian interaction as detailed in the following exhibit. Access points shall be limited to ensure proper traffic flow throughout the development. Central entrance/exit point that channels traffic into a parking area in an effort oid unnecessary eon~estion. to av ~~,, -- -s ... 1 I ' ~ ~ ~ Y ~ . ~ ~ ' ~ yl % I I ~~ 6euie~..ncF,:nt ~~~,~b~'~~:~ ',~ r-, ~ ; , , () 13~I.ah1i56i~etit I ~ t n~ rrII ~ ~1 ~ ~ ' Y ~~ 1'nmzr; t"ir nhticn - - •; . ~ . : , , ~ i ~. ti ~ ~ Inctc~~=~+~~n# I~t~t~ilf~ervi~e Ix:~t.~h~~i~i~r~R;~t 7. In cases where a corner lot is created within the development, parking shall not be located within the corner facing the intersection. Instead, the developer shall install landscaping, and/or a prominent building feature, within this area, 8. Any proposed land use making use, or needed, drop-off zones/areas shall be provided near building entrances and segregated from required parking spaces and/or vehicular travel lanes, 9. Parking areas shall be separated from structures by: a. A raised concrete walkway, ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7; 2008 b. A landscaped buffer/natural area, or c. A segregated pedestrian walkway. In no case will parking be allowed to directly abut a proposed structure, 10. Parking areas shall be designed so that pedestrians walls parallel to moving cars in order to minimize the need for pedestrians to cross parking aisles and landscape areas, 11. All aggregate base(s) utilized for roadway, parking lot, sidewalk, and curb construction shall have at least ninety percent (90%) recycled content by volume. Asphalt concrete shall have at least a fifteen percent (15%) of recycled content by volume, 12. All exterior lighting, including traffic signals and street lighting shall conform to ASHRAE / IESNA Standard 90.1-2004, Exterior Lighting Section, without addenda, for Zone LZ3 -Medium {CommerciaUIndustrial, High-Density Residential), 13. Mass transit stops and various support structures (i.e. bus shelters) shall be constructed within each district prior to the issuance of the Certificate of Occupancy allowing for the occupancy of and building within the subject district. Internal lighting of these structures shall be provided utilizing solar collectors, 14. Street front parking shall be provided in accordance with the following standards: a. In cases where angled parking is proposed, the parking space shall not exceed a angle of ninety (90) degrees in order to facility ease in backing out of spaces as detailed in the following exhibit: b. In instances where angled parking/street front parking is utilized, the developer shall only allow for a one-way traffic flow pattern to be utilized in order to guarantee motorists and pedestrian safety or shall angle the parking in such a manner that there will be no conflict as .tf: ~ -. "~el~o.ucciacie'run'our:ns~ ~t.nzur.<aaila6a.n~: ~4~t11~1 Iii ~=Cal it .:~~:Iv -~~~. t_ I~. .~ ;_- I ~ 3'Itu~;a ~ i (. i ,~~ i ~ ~ i t o r, I ' '..: I t' ~ 'I ~ • ~: +~r 4 ,_ rt ~ ..r u u ~,; (Tat6ing K Sareicc ' ' fF?IT'>:..:.al (~ ~_ sntullCtresinSidcn'ulk ci ( Circles ur l'Itnncr.: I t; i Sll,t~h j Shins (, -U" o.c, m~ux. 1 j 1 . Shops i~ I ~~~,~ a I!i: ^ ~I~l ,t~ t : _ _ t tl i; II i' •:,~ I ~ It n :i! dt r '"~i1~ pa . n ailj Pricata tilrccl t~idr Lln.Strcet Pnr'aing sn,,~s ~ , I trr~tt,~ Shops S¢n~ic.: l ~ r.._.._~. C. '~l~ ~1 DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 detailed in the following exhibit: c. In cases where angled parking is utilized the required parking stall dimensions shall be: Nine (9) feet by Eighteen (18) feet. 15. Curb stops shall be required in all parking lots in cases where there is no proposed island, landscape area, or sidewalk to provide a traffic break, 16. Drive isles for parking areas shall meet the following minimum width requirements: a. One-way traffic: Minimum of twelve (12) feet of traveUdrive isle, b. Two-way traffic: Minimum of twenty-four (24) feet of traveUdrive isle 17. Parking for individual land uses shall be based on the following standards: a. One (1) space for every three hundred (300) square feet of floor space within a Retail Trade (excluding Restaurants), Service (excluding Indoor/Outdoor Theaters), Manufacturing, Assembly, and Processing, and Finance; Insurance, and Real Estate land use, The maximum amount of parking permitted for these uses shall be one (1) space for every two hundred fifty (250) square feet of floor space. b. One (1) parking space for each Residential Dwelling, Multi-family unit, c. One (1) parking space for every three (3) seats in a Indoor and/or Outdoor Theater, d. One (1) parking space for every fifty (50) square feet of floor area within a Retail Trade, Restaurant facility, excluding dining or .bar areas, as well as one (1) parking space for every four (4) seats within the facility, e. One (1) parking space for every three hundred (300) of floor area within a Government facility. f. One (1) space per every room in a hotel plus one (1) per shift employee g. All parking lot spaces, unless other wise designated, shall be: Nine (9) feet by Eighteen (18) feet. 18. Required parking spaces may be reduced by thirty percent (30%) within a given District or other development area if the developer adheres to the following: a. The spaces allotted for each individual use shall be shown on the application for a Zoning Compliance Permit, b. The distance from the farthest allotted space to the main entrance of a structure housing the use that it is intended to serve not to be more than four hundred (400) feet, c. The spaces shall be located within the same District or within four hundred (400) feet of the proposed use to qualify for a reduction on the required parking, ~`~ V~ -DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 d. Twenty percent (20%) may be compact car parking with a dimension of seven ~ and a half (71/2) feet in width and sixteen (16) feet in depth. 1, 19. All required parking spaces shall be improved with asphalt, concrete or other similar material as approved by the County, 20. Handicapped parking shall be provided in accordance with the standards of the State of North Carolina Building Code. 21. All parties involved with this project shall sign a Memorandum of Agreement regarding transit service. The Agreement shall describe how the bus transit service shall be provided such that all building entrances are within one-quarter (1/4) mile of a transit stop. Further, service shall be phased such that it shall be provided prior to issuance of the last certificate of occupancy for each development phase. Each transit stop shall have a covered and at least partially enclosed transit shelters with kiosks and illwninated to five (5) average maintained footcandles. Information at each kiosk shall detail local transit information including basic schedule and route information, 22. Each building or groups of buildings requiring individual building permits shall provide bicycle parking spaces or storage for at least ten percent (10%) of the parking space capacity, 23. All lease agreement, or individual sales documents, for future tenants shall include provisions requiring the installation and maintenance of bicycle racks or other similar secure location for the storage of bicycles within. the development. 24. Parking areas within the project may be designated as park and ride lots. SECTION 3-4 SERVICE AND STORAGE Off-street loading (loading berths) shall be provided in accordance with the following standards: a. One (1) space for each five thousand (5,000) square feet of floor area not to exceed three (3) berths, b. A loading berth shall adhere to the following dimensional requirements: i. A minimum width of twelve (12) feet, ii. A minimum depth of sixty (60) feet, and iii. A vertical clearance of sixteen (16) feet above finished grade of the space. .~,,~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 PART FOUR -UTILITIES AND OTHER PUBLIC SERVICES: SECTION 4-1 UTILITY PLAN: A written, signed agreement between the applicant and the City of Mebane shall be executed, which describes the timing, .phasing, design, and financing of public water distribution and public sanitary sewer collection mains for the project, consistent with the following: WATER: District I: The initial needs of the large single retailer are available in the existing infrastructure in Buckhorn Road.. District I will be extension of the twelve inch (12") waterline into the property along the main entry street providing ingress/egress into to District I. At current capacities and pressures of the existing City of Mebane infrastructure domestic and fire flow service shall be available. A private booster pump shall be installed if determined by the City of Mebane and Orange County that it is necessary to provide adequate water .pressure to tenants to address fire safety issues. District II and/or III: The build-out of the other two (2) Districts, regardless of which District is developed first, will require the extension of an additional water lines either from the north side of I 40/85 or from the west along Bowman Road and West Ten Road. As part of the development project, the developer shall submit a detailed Utility Master Plan for review and approval to the City of Mebane and Orange County outlining the appropriate steps that will be taken to provide water service to the remaining Districts prior to the recording of the Class A SUP documents. SEWER: Sewer Collection will be supplied to the BVPD project in a phased format consistent with the District phasing outlined herein. The following sewer improvements have been preliminary identified as being necessary to support the project: District I: District I will be served with a temporary private pump station and force main. The private line will discharge into the existing gravity sewer on the west side of Buckhorn Road. ~~ DR.AFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 District II C. Development of District II will require the extension of the ten inch (10") gravity line from the Gravely Hill pump station to the east side of the property. Sewer easements shall be obtained and this will be a public line. Upgrade to the current GE pump station, north of I 40/85 and off of Industrial Drive, will most likely be required to accept this additional flow. District III Development of District III will require the extension of a force main from the intersection of West Ten and Buckhorn Road to the new Regional Pump Station, and require an upgrade to the Gravely Hill Station. The developer shall absorb costs associated with the improvement of all utility systems in accordance with established County and City of Mebane policies. Additional improvements may be required upon the submission and review of comprehensive utility management plans by Orange County and the City of Mebane. Utilities shall be stubbed out to adjacent properties. 2i~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 PART FIVE -OPEN SPACE: The Open Space management plan differs from the Landscape Design standards outlined within PART FOUR of this document in the following manner: The preservation of Open Space is designed to address off=site impacts that may be experienced on adjacent properties versus the need to address the internal aspect of the development (i.e. landscaping) to provide relief from internal development issues. To that end, the BVPD project shall adhere to the following Open Space management standards: 1. The eastern portion of the project shall abide by the following Open Space requirements: a. There shall be a one hundred fifty (150) foot undisturbed, natural buffer along the perimeter of the BVPD property directly adjacent to the Clearview single-family residential subdivision that is located. along West Ten Road, b. There shall be a one hundred fifty (150) foot undisturbed, natural buffer along the eastern property line of the BVPD property. The developer reserves the right ~to request a reduction of this required Open Space if the adjacent properties axe developed for non-residential purposes. 2. The northern portion of the project, running parallel with Interstate 85, shall abide by the following Open Space requirements: a. There shall be a one hundred (100) foot undisturbed, natural buffer along the northern property line n~nning parallel with Interstate 85 or as approved herein, b. The developer shall thin existing vegetation to create visual breaks within this buffer in approximately sixty percent (60%) of the required Open Space, in accordance with the Orange County regulations and the following standards: i. These areas shall .only be utilized to develop stormwater retention ponds. There shall be no permanent structure erected within this area that are . intended to provide a service consistent with the BVPD project (i.e. a commercial business), ii. Disturbed vegetation will be replaced with indigenous, .drought resistant vegetation that will achieve a height of six (6) feet within. five (5) years in an effort to re-establish the opaque nature of the buffer, iii. Within the remaining are of Open Space, the developer will `hand clear' any existing vegetation of nuisance, scrub, or dead foliage so long as a minimum of fifty-four (54) trees per acre is maintained at all times. 3. The western portion of the project, running parallel with Buckhorn Road, shall abide by the following Open Space requirements: a. There shall be a twenty-five (25) Open Space area along the western property line, b. The developer shall install earthen berms, three (3) to four (4) feet in height, and add additional landscaping around six (6) existing single-family residential properties along Buckhorn Road for additional Open Space protection. ~~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 4. The southern portion of the project, running parallel with West Ten Road, shall abide by the following Open Space requirements: a. There shall be a twenty-five (25) foot wide Open Space corridor area along the southern property line, b. Existing vegetation shall be thinned to allow for visual breaks from the roadway, c. Additional vegetation will be installed consistent with proposed internal and external landscaping standards. ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 PART SIX -OWNERSHIP AND MANAGEMENT: The BVPD infrastructure, improvements, offsite road improvements and right of way modification(s) and alteration(s) will be constructed in accordance with the various standards, policies, and plans included, and as referenced, herein. With respect to the overall management and upkeep of the property, the following standards shall apply: 1. Bonds/lLetters of Credit: Buckhorn Road Associates, LLC (hereafter `B.R.A.') shall post bonds, or provide letters of credit, in sufficient amount to cover the cost for all facets of the development project including, but not limited to: a. Offsite road improvement work, if that work does not commence immediately after receiving approval from NC DOT or if the work is connected to a future phase of the project and is not intended to commence until construction of that phase of the project commences. b. Internal and external landscaping and Open Space management, c. Internal road improvements where construction of roadways within a specific District is not completed as demand does not warrant the expense, d. Erosion ControUGrading/Stonnwater facilities, e. Utility systems (i.e. water and/or sewer lines) on a case-by-case basis, BRA will post bonds or have its contractor post bonds for work in an amount sufficient to cover the cost of the work if required at time of approval to do the work plus ten percent (10%). BRA will continue to maintain the bond until the designated, agreed upon expiration date of the bond, subsequent to final approval of the work. 2. Dedications and Easements: BRA shall establish all necessary cross access easements to allow for unfettered public use/access to local roadways and sidewalks. BRA shall also establish any and all necessary easements for the utility systems and provide access points to any and all necessary parties for maintenance and service related activities. 3. Guarantees: BRA will supply guarantees for all work done within public right of ways, for a period of one (1) year as required, or up to such time as may be required at completion of improvements. 4. Agreements, Contracts and Deed Restrictions: BRA ,will incorporate any and all restrictions, as outlined herein, into the leases or individual sale documents for either tenant lease areas or sale of out parcels, or land leases that will insure that the approved design and use of buildings and common areas will be maintained through the intended life of this project. The design and intent of this project is to be maintained as originally approved, and will survive re- leasing of spaces or buildings, sale of out parcels or buildings and on renewal of land leases. ~~ DRAFT -CONDITIONS OF APPROVAL - BUCKHORN VILLAGE May 7, 2008 The maintenance of the project and the parcels owned by the developer anal. those owned by other tenants or developers will be maintained in a comprehensive, uniform manner, under the same guidelines of uniformity and design, as approved at the projects inception. c2 ECONOMIC VITALITY AND THE BUCKHORN PROJECT Comments to the Orange County Commissioners Dr. Sally J. Goernerl Director of the Integral Science Institute, www.integralscienceinstitute.or~ EXECUTIVE SUMMARY.• Current economic theory places a huge emphasis on GDP growth and the large corporations that most increase it. About 30 years ago, this emphasis spawned an economic development strategy that has been irreverently nicknamed, "big-game hunting," that is, using incentives to lure in big manufacturers, retailers, mall developers, and other large corporations, which officials hope will bring in jobs and tax revenues. Unfortunately, while this strategy may increase tax revenues in the short-term, research shows that it erodes the surrounding economic networks, siphons away local dollars, and costs more in local tax dollars, infrastructure overhead, increased pollution, and lost jobs than the local businesses that it destroys. Repeated at all levels for three decades, this process has led to increasing economic instability and human dissatisfaction, locally, regionally, nationally and globally. Many of the troubling signs seen in both Wa11 Street and Main Street today can be laid at its feet, and the problems it creates will only become more perilous as the price of oil rises and the dangers of global warming increase. A growing body of research, however, also shows that investing in local enterprise networks reverses all of these trends. It reduces costs of infrastructure, social services, and pollution, while increasing local wages, property values, community health and general well-being. Out of concern for Orange County's long-term economic vitality, I urge you to reject the Buckhorn project'and replace it with a more systemic local development strategy, such as that now being considered by officials in Carrboro and Chatham County. The rest of this paper lists some of the research that shows: 1. The damage the big-game hunting strategy has done 2. The benefits of investing in local enterprise networks ' Dr. Goemer has advanced degrees in engineering, non-linear dynamics, and psychology, and now lectures, writes and provides consultancy advice to international organizations. Her new book, The New Science of Sustainability (June, 2008) uses new measures of economic vitality to explain why "Going Local," as economist Michael Shuman says, creates the kind of long-term economic vitality that current development strategies do not. Her current work with the New Economics Foundation in London, and with Belgian financier and co-architect of the Euro Bernard Lietaer, seeks to extend these findings to address the needed revisions to monetary systems and policy decisions in local, national and global jurisdictions. 2 I. Damage Caused by the Big-Game Strategy A. Damage done to the community at large A recent study, "Big. Business and Community Welfare," by Dr. Thomas Lyson of Cornell University says it all: After examining 225 counties nationwide, comparing those with economies dominated by a few large corporations to those with many small, local enterprises, Lyson found that counties dominated by big businesses and chain malls had: greater income inequality, fewer owner-occupied homes, higher levels of worker disability, lower educational outcomes, and higher crime rates. ~ Not only did the small business counties score higher on all of these socioeconomic measures, they. had a larger independent middle class and higher rates of civic engagement, as measured by voter turnout and membership in community organizations. B. The siphoning of local dollars to distant head-quarters ~ A 2002 study2 in Austin, Texas showed that for every .$100 local consumers spent at a national bookstore, the local economy received only $13, whereas the same amount spent at local bookstores yielded $45. ® A 2003 study3 of Midcoast 1Vlaine expanded this finding showing that local businesses spent 54 % of their revenue (goods, professional services, wages, benefits, etc.) within Maine, while big-box retailers returned just 14.1% of their revenue, mostly in the form of payroll. ~ A 2003 study of Barnstable, Massachusetts by Tischler & Associates found that the city's small, downtown stores generate a net annual surplus (tax revenue minus costs) of $326 per 1,000 square feet, while big-box stores creates an annual tax deficit of $468 per 1,000 square feet.(1) C. Erosion of the surrounding economic network As global retail chains have expanded, they've displaced tens of thousands of locally owned, independent businesses. ® More than 11,000 independent pharmacies closed; chain drugstores now account for more than half of all pharmacy sales.(2) ® More than 40% of independent bookstores failed. Barnes & Noble and Borders Books capture half of all bookstore sales.(3) ® Local hardware stores are likewise disappearing; Home Depot and Lowe's control 40% of that market.(4) 4 Five firms account for 42 % of all grocery sales, up from 24 % just five years ago.(5) ® ~ Small and medium-sized office supply stores have declined from 20 to just 4% of the market.(6) 3 • More than 4,100 independent video retailers have gone out of business since 1998. Blockbuster and Hollywood Video have a combined 8,500 stores and account for nearly half of all rentals.(7) • More than 40% of restaurant spending is captured by the top 100 chains.(8) • As local stores close following the arrival of a Wal-Mart superstore, the community often loses as much active retail space and as many jobs as it gains. An economic impact study of a proposed Wal-Mart store in Greenfield, Massachusetts, for example, found that the store would cost existing merchants $35 million in sales. Many of these businesses would close, leaving the community with 239,000 square feet of vacant retail space.(9) D. Lost jobs and lower wages Because big corporations and chain stores are constantly in search of lower wages, fewer labor and environmental restrictions and more lucrative incentives, they move frequently, leaving a trail of unemployment, abandoned property, and a diminished tax base in their wake. Inevitably, the best deal is to ship jobs to third world countries where costs are lowest because labor and environmental standards are essentially non-existent. Local taxpayers end up paying for the damage in the form of unemployment compensation and diminished property taxes. • According to Barry Bluestone of the University of Massachusetts, corporations moving to other states or overseas resulted in a loss ofbetween 32 and 38 million U.S. jobs in the 1970s alone and the U.S. Department of Labor documents another 43 million jobs lost from 1979 to 1996. (cited in Shuman, 1998). • A study of a proposed Wal-Mart store in St. Albans, Vermont, concluded that 76% of the new superstore's sales would be captured from existing businesses within the county, leading to a net~loss of 167 jobs over a ten year period.(10) • Retail jobs generally pay low wages with few if any benefits. According to the Vermont Department of Employment and Training, the median wage for the state's retail sales clerks is $8.60 an hour, higher than the national median of $8.02, but still well below what's considered a living wage. According to the Vermont Joint Fiscal Office, a single person needs to earn $11.78/hour to meet basic needs (housing, transportation, health care, etc.), while a single parent with one child needs to earn $18.83/hour.(11) • Supermarket employees' relatively high wages are threatened by the entrance of Wal- Mart and Target into the grocery industry. Both firms pay substantially lower wages and have fought efforts by their employees to form unions. Wal- Mart generally pays about $7 an hour. Most jobs are part-time, but even at 40 hours a week, an employee earns only about $14,000 a year. Many Wa1-Mart workers qualify for food stamps and other public assistance. Although the company offers health insurance, most of its employees cannot afford the annual out-of-pocket cost. Wal-Mart super-centers have been cited by administrative law judges for numerous violations of federal labor law. Lawsuits are pending against the company in more than thirty states for falsifying employee timecards and failing to pay employees for all of the hours they worked.(13) r 4 Note: No reliable data exists that compares wage rates at independent and chain retail businesses. Compensation is probably fairly similar for many of both kinds `~ of stores. But, while corporate chains must msxim;~e returns to shareholders, independent business owners may be guided by other considerations. Some have opted to pay living wages and provide healthcare and other benefits. Even when a new big box store does create a small gain in employment, these added jobs often do not offset the costs of such things as chronic downtown vacancies and loss of local character. A study in North Elba, New York, for example, found that 68% of a new Wal- Mart's sales would be captured from the town's existing businesses. While 112 jobs would be lost as local stores downsized or closed, Wal-Mart would create 134 jobs. Nevertheless, the Planning Board rejected the development, noting, The project will likely result in a large amount of impacted retail space, over 20,000 square feet of which could become chronically vacant. These potential impacts would have a significant. unmitigatable adverse impact on the character and culture of the community by resulting in vacant .storefronts, a loss of'critical mass' in existing downtown areas, and an adverse psychological, visual and economic climate."(14) Big-box stores, strip shopping-centers, and fast-food outlets also cost more in public monies for services than they produce in tax revenues: They use more undeveloped land than. local businesses concentrated in town centers, which- also requires expensive road and service extension over greater distances. The polluted runoff from their parking lots is placing anever-greater burden'on the nation's rivers, lakes, and coastal waters. E. The high cost of incentives In Going Local, economist Michael. Shuman (1998) notes that in 1997 alone more than 40 states offered over 30 billion dollars in property tax abatements, loans for machinery and equipment, state revenue bond financing, accelerated depreciation, and special funds as incentives to help cities lure in multinational corporations. ® A national survey by Good Jobs First in 2004 looked at 160 Wa1-Mart stores and all of the company's distribution centers-and found that more than 90% of them have been subsidized. Altogether, 244 subsidized facilities in 35 states received taxpayer deals of more than $1 billion. (Greg LeRoy, The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation. Nov. 9, 2005, See Alternet.org) ® Local, national and even global competition for big corporations has become _ intense under the big-game system. Consequently, as Shuman puts it: Multinationals have become increasingly adept at pitting locales against ane another in their bribery attempts. For example...in 1986, Indiana paid $50,000 per job to convince Subaru to open a factory in Lafayette. By the 19906, Alabama was agreeing to pay between $150,000 and $200,000 per job to convince Mercedes-Benz to build new plants, and Kentucky was doling ' out $350,000 a job for Canadian steelmakers Dofasco and Co. Steel... Politicians, of course, condemn these tactics even while they are signing the checks. (1998, p. 10-11) Summary: Mainstream economists shrug these effects off as the inevitable outcome of competitive capitalism, but economist Michael Shuman (1998, pp. 12-14) shows that big-is-better biases pose four fundamental threats to communities and economies: • They guarantee that U.S. communities will continue to experience decline in both the quantity and quality ofjobs. • Sudden corporate departures impose huge costs on all levels of government. Not only does the abandoned community have to pay unemployment and welfare costs, its tax base shrinks as ancillary businesses close, property values plummet and loan defaults skyrocket. This depleted base and the costs of the original `incentive' often leaves the community unable to support basic services like schools, hospitals, street repairs, electric utilities, and police. • Bringing in big game erodes local culture and undermines local quality of life. The flood of national and international chain stores homogenizes communities until little sense of place remains. • Corporate dominance undermines local governance and the community's ability to plan for a healthy future. Competing for big fish companies undermines the standard tools of regulation and taxation that communities once used to maintain a reasonable give-and-take relationship with private firms. As a consequence, governments are increasingly driven, not by a consensus among the community's multiple constituencies, but by the most powerful corporations whose special interests dictate public plans. As Shuman notes, "The city of Atlanta follows the lead of Coca-Cola, Turner Broadcasting, and Delta airlines. Houston accommodates Exxon, Shell, and Arco. Seattle is beholding to Microsoft and Boeing. More and more communities have become company towns. It's just a matter of degree:" (1998, p. 14) The result is irony incarnate. While large corporations receive all kinds of public assistance, their preferred pattern is to cut jobs and costs at the expense of local well- being and safety, and move operations to foreign lands to increase profits even when they are making money. They do all this despite the largesse they receive from the public pocket. Cities are left with increasingly fragile local economies and rising costs, which lead to higher taxes. 6 II. Benefits of Investing in Local Enterprise Networks The Business Alliance for Local Living Economies (BALLE) website a sums up the reasons for going local as: 1. Local businesses tend to offer more stable employment and to bring in more taz revenues than they cost. They account for the largest share of net new jobs generated, each year and their employment tends to be much more stable than multi-national or chain stores. 2. Money spent locally. tends to stay in the community. More money spent locally brings a "multiplier effect" that creates more local jobs and prosperity. 3. Local businesses tend to have lower environmental impact. Small businesses tend to have less impact on local ecosystems because they are more often located in central business districts. 4. Local business owners are more apt to contribute to the general well-being of the local community. Unlike the absentee shareholder-owners of giant corporations, local businesses know and care about the consequences their actions have on the local community. When local business networks are strong, residents of a community tend to get the products and services that they want in a geographically convenient area. 5. Local businesses maintain uniqueness, which attracts tourists and creative, committed citizenry. In The Rise of the Creative Class, Richard Florida (2002) also notes that today's creative workers want to settle in places that preserve their distinctive character and provide a "sense of being someplace." Conversely, as Florida says, today's "sad bodge-podge of cookie-cutter housing tracts, cluttered commercial strips and decaying downtowns" attract neither tourists nor creative workers. The Institute for Local Self-Reliance (ISLRS) lists the following reasons for going lacal in its paper "Ten Reasons Why Vermont's Homegrown Economy Matters": 1. Local Character and Prosperity. In an increasingly homogenized world, communities that preserve their one-of-a-kind businesses and distinctive character have an economic advantage. 2. Community Well-Being. Locally owned businesses build strong communities by sustaining vibrant town centers, linking neighbors in a web of economic and social relationships, and contributing to local causes. 3. Local Decision-Making. Local ownership ensures that important decisions are made locally by people who live in the community and who will feel the impacts . of those decisions. 4. Keeping Dollars in the Local Economy. Compared to chain stores, locally owned businesses recycle a much larger share of their revenue back into the local economy, enriching the whole community. 5. Job and Wages. Locally owned businesses create more jobs locally and,. in some sectors, provide better wages and benefits than chains do. 6. Entrepreneurship. Entrepreneurship fuels America's economic innovation and prosperity, and serves as a key means for families to move out of low-wage jobs and into the middle class. 7. Public Benefits and Costs. Local stores in town centers require comparatively little infrastructure and make more efficient use of public services relative to big box stores and strip shopping malls. 8. Environmental Sustainability. Local stores help to sustain vibrant, compact, walkable town centers-which in turn are essential to reducing sprawl, automobile use, habitat loss, and air and water pollution. 9. Competition. A marketplace of tens of thousands of small businesses is the best way to ensure innovation and low prices over the long-term. 10. Product Diversity. A multitude of small businesses, each selecting products based, not on a national sales plan, but on their own interests and the needs of their local customers, guarantees a much broader range of product choices. References and Notes Shuman, Michael (1998). Going Local: Creating Self-reliant Communities in a Global Age. New York: The Free Press. Shuman, Michael (2006). The Small-Mart Revolution: How Local Businesses are Beating the Global Competition. San Francisco: Berrett-Koehler Press. 1 Tischler & Associates, "Town of Barnstable: Fiscal Impact Study pf Non- Residential Land Use Prototype Summary," July 2002.20 Kennedy Smith, Executive Director, National Main Street Center. 2. Todd Danlanyer, Communications Director, National Community Pharmacists Association. Cited in http:Jhvww.ptvermont.or~/publications/H.omesrownEconomy/Homeerown%20Economv.pdf 3 Dan Cullen, "Independents Hold Market Share for 2001; Market Share by Dollar Grows," Bookselling This Week, April 18, 2002. 4 "2003 Mazket Measure," Do-lt-Yourself Retailing, November 2002. 5 Mary Hendrickson, Ph.D., William D. Heffernan, Ph.D.. Philip H. Howard and Judith B. Heffernan. "Consolidation in Food Retailing and Dairy: Implications for Farmers and Consumers in a Global Food System," National Farmers Union, January 8, 2001. 6 Carol Emert, "Staying Alive Amid Office Superstores," San Francisco Chronicle, June 20, 1998. 7 "Video Stores Seek Class Action in Suit against Blockbuster," The Home Town Advantage Bulletin, Institute for Local Self- Reliance, November 2000. 8 "Top 100," Nation's Restaurant News, June 24, 2002. 9 Patricia A. Frishkoff and Alicja M. Kostecka, "Business Contributions to Community Service," Office of Advocacy, U.S. Small Business Administration, October 1991. 10 Land Use, Inc. and RKG Associates, "Greenfield, Massachusetts: Fiscal and Economic Impact Assessment of the Proposed Wal-Mart Development," April 2, 1993. 11 Vermont Environmental Board, Re: St. Albans Group and Wal-Mart Stores, Inc., Findings of Fact, Conclusions of Law, and Order (Altered), Application #6F0471-EB, June 27, 1995. 12 These are statewide averages. Living wage estimates vary depending on location and such factors as whether an employer provides health insurance. Vermont Joint Fiscal Office, "Basic Needs Budgets and the Minimum Wage," January 15, 2003, p. 7. 13 Steven Greenhouse, "Suits Say Wal-Mart Forces Workers to Toil Offthe Clock," New York Times, June 2S, 2002. Supermarkets aze the only retail sector where significant numbers of workers are unionized. They are represented by the United Food and Commercial Workers union and, unlike most retail employees, have incomes capable of supporting a family. Although Vermont supermazkets are for the most part non-union, the independent stores and regional chains that operate in the state (including Shaw's, Hannaford, Price Chopper, and P&C Foods) either have unionized stores in neighboring states or are influenced by the prevailing union wage level. As a result, the state's full- time supermarket employees earn about $14 an hour and have benefits like health insurance and pensions, according the UFCW's northeast regional office. 14 Town of North Elba Planning Board, "Statement of Findings and Decision: Proposed Wal-Mart Store," January 9, 1996.5 2 ~ Notes ' Lyson's article and much of the data cited here can be found in more detail at: htto://www otvermont.org/publications/HomegrownEconomy/Homegrown%20Economxpdf z "Civic Economics," Austin Unchained, Austin, Texas, October 2003. ' "The Economic hnpact of Localty Owned Business vs Chains: A Case Study in Mid-coast Maine," New Rules Project, Institute for Local Self-Reliance (ILSR), Minneapolis, Minnesota. s`P""'b" 30°'• a httpJ/www.livingeconomies.org~localfirst/whylocalfirst s ILSR maintains several content-rich web sites; publishes electronic newsletters and books, including The Home Tmvn Advantage; Hoiv to Defend Your Main Street Against Chain Stores and Wiry It Matters; and has advised small business groups, community organizations, and policymakers in cities and towns nationwide. For more information, contact ILSR at 1313 Sth St. SE, Minneapolis, MN SS41 S, Tel: 612-379-3815, Web: www.newTUtes.or~ C --~ ~~ Orange County, North Carolina ~ ~~ ;b ~, `1~ ®t~ ~~~4 May 2008 c®n® ' c .act aly~~s ®f t~.e uc ®~~. ale ~®ject .- On e=-~;~;r ~~.~n~ Developed by The S~anf;ord :Holshouser Business 'Deve']:'opmen~ ;Group ~~ , r PO Box 5646, Cary, NC 27512 www.sanfordholshouser.com May 2008 r Orange County: Buckhorn Village Table of Contents Executive Sumrnary-------------------------------------------•--•---•----------•-•-•-------------------.._ ...----•---2 Project Overview---....---•--------------------------------------------•-•------------•-•---------.._.....--- ----.....__5 Property Tax Impact---------------------------------------•-----•--••----------------_-------.......------ .....------6 Lodging Tax Analysis--------•------•---•- ----------------- -----------9 Retail Sales Tax Analysis-----------------------------------------------------------------------......--- -----------10 Retail Economic Review------------------------------•----------.......---------...--------------------- -----------11 Employment and Wages Analysis,.----------•--•------------------------------•---------.......---- ----...----15 Construction Impact---------------------------------------------------------------------------------------- •--------•• 18 Cost of Public Services: Public Safety, Infrastructure•-•______•_-•__-.•_•_______________ __________•.18 Housing and Schools•----------•-----------------------------------------•-------------------------------- ------------18 Benefits of Opening New Economic Development Zoned Land.____•__-_-_•______ ____________20 Spin-Off Businesses------------------•--------------------------...--------------------------•------------ -•----------21 Environmental Impact--• ....................•-----------------------------------------------------------• -----------• 21 Methodology-------------------•----------...--------......--------•-•-•--•----------• •---•-----...-•--------- ---•--------22 Appendix: Orange County Land Use Map of Development Area___--__-__•_•___• _•____._____23 References-_•____•_._-_-_- 24 The Sanford Holshouser Business Development Group Information Sanford Holshouser 1 Orange County: Buckhorn Village Executive Summary Orange County engaged The Sanford Holshouser Business Development Group (Sanford Holshouser) to examine the economic impact of the proposed Buckhorn Village project on Orange County and the local economy. Buckhorn Village is a proposed 130-acre mixed use development at Buckhorn Road and I-85/I-40. The development plans call for 1,133 people to be employed at an anchor retailer, restaurants, hotels, and other retail businesses. The plans also call for 200 multi-family residential units. This study reviewed impacts on tax revenue streams of Orange County, public services, housing, employment, and other economic factors. In summary, the $143 million proposed development is projected to create $1,348,208 in net new annual property tax revenue to Orange County upon build out. In addition to property tax revenue, retail sales tax revenue will be increased by almost $6 million annually. Currently, about half of the $41 million in annual retail sales tax revenue collected is realized by the i County. The remaining half is distributed to municipalities. Lodging tax revenue will see an - approximate $92,000 in net new annual revenue. The total annual tax impact on Orarige County is projected to be $4.4 million. In addition to ongoing economic impact, the construction phase is projected to generate $875,000 in new retail sales tax for Orange County and create 9321oca1 construction jobs (Barnes, 2008). The retail and hospitality sectors are important to Orange County's economy, providing jobs, entertainment, and keeping disposable income in the County. Research found that the Orange County retail market is underserved with fewer retail establishments than comparable counties. Low per capita retail sales show that dollars are being leaked to neighboring counties. Orange County has a low median household disposable income to retail sales ratio, again showing that disposable income dollars are leaving the community. A smaller percentage of r Sanford Holshouser 2 Orange County: Buckho~n Village Orange County's workforce is employed in retail and accommodation and food service sectors than comparable counties. Every economic development project has associated costs and those costs are reviewed in this report. The cost to Orange County's public services (public safety, infrastructure) is limited to a short time frame as the City of Mebane is planning to annex the area within one year of construction initiation or at Certificate of Occupancy. There will be minimal cost during the short time Orange County is responsible for public services. Impact on schools due to new housing is also limited. Retail and hospitality wages are not "bread-winning" or "relocation" wages. Except for a few management positions, people will likely not relocate for these jobs. The planned 200 multi-family residential units associated with the development, if occupied by new residents with school-aged children, will have a minor impact on Orange County schools. A review of environmental permits shows that other than standard development permits, the project will require no special air or water quality permits beyond adhering to `Neuse River Rules.' In addition to the direct tax impacts described above, there are indirect benefits of economic development projects. In fihe case of Buckhorn Village, infrastructure extensions will open an economic development zoned area for future growth.. This area has been designated in the County's land use plan for commercial and industrial development since 1981. There will also be economic spin-off to small businesses and entrepreneurs who can provide services to the development such as landscaping, security, and maintenance. Orange County, like most North Carolina communities, is keenly focused on sustainable development and creating a live, work, play community. The leakage of retail dollars indicate that Orange County citizens are driving to neighboring communities to shop. Creating retail centers in the County will keep more residents shopping local while keeping local retail sales Sanford Holshouser Orange County: Buckhorn Village dollars home. Additionally, keeping retail dollars local encourages small business development C and job creation. Creating jobs locally will combat the high rate of out-commuting which leads to clogged roads and transportation costs. Orange County services for residential development are subsidized by tax revenue from commercial and industrial development (R.enkow, 2006) to the magnitude of $4 to $ l . Without economic development, Orange County citizens will bear an increasing proportion of the cost of public services. Finally, Orange County has in place land use and growth management plans that were developed through the pubic process. The Buckhorn Village project is consistent with Orange County growth plans; will provide significant increases to tax revenues with minimal, limited short-term cost to public services; and will keep more Orange County citizens working and shopping locally. Sanford Holshouser 4 Orange County: Buckhorn Village Project Overview Buckhorn Village is a proposed 130-acre mixed-use development at the Buckhorn Road interchange on I-85/I-40 in Orange County. The proposed development will be located in a designated economic development zone and its mixed-uses include an anchor retail establishment, restaurants (15), hotels (2), and additional retail shops (55 - 65) totaling approximately 1.14 million square feet of commercial space. Once fully development, Buckhorn Village will employ an estimated 1,133 people. Construction of the proposed development is planned to begin in 2009. At this time the site is not located within a municipality; however, it is within the probably annexation area of the City of Mebane, primarily located in Alamance County. The City of Mebane and Orange County have a 2004 agreement that suggests that the City annex the site within one year of initiation of construction or by separate agreement. This agreement also specifies that Mebane will serve the site with water and wastewater service. Other utilities will be provided by private entities, or in the case of electricity, by an investor owned or cooperative power supplier. Economic and demographic data cited in this report was obtained from multiple sources. Data on the Buckhorn Village development was provided by project developers, East West Partners. Other information was gathered from public and private research sources: The consulting team reviewed "Economic Impact of Buckhorn Village, Orange County, NC," developed by Zakia Barnes, a University of North Carolina graduate student for the Chapel Hill Chamber of Commerce, and'"The Cost of Community Services in Orange County," developed by NC State University for background information. Sanford Holshouser 5 Orange County: Buckhorn Village Throughout this report, comparisons are made between Orange County and a group of counties similar in geographic location, economy, or position to a core urban area. Chatham, Durham, Alamance, and Wake Counties are compared because they are adjacent to Orange County and, therefore, share a workforce and a local economy. Johnston, and Cabarrus Counties are included because they are similarly situated to core urban areas. Johnston County is adjacent to Wake County and Cabarrus County is adjacent to Mecklenburg County. Orange County is located on I-8S and I-40 in the Triangle region of North Carolina. The County seat is Hillsborough and other incorporated municipalities include Carrboro, Chapel Hill, and small parts of Durham (also in Durham County) and Mebane (also in Alamance County). Total County population is estimated to be 124,599 in 2007. Population Coun 2000 2006 2007 st. Oran e 11S,S37 123,766 124,599 Alamance L30,794 139,789 144,506 Chatham 49,334 57,707 59,765 Durham 223,306 246;824 254,733 Wake 627,865 790,007 811,478 Cabarrus 131,030 157,179 159,612 Johnston 121,900 1 S 1,589 1 SS,9S4 Source: NC State Data Center, 2006 Certified Population Estimates, CIS Census, ESRI Property Tax .Impact The tables below show various projected property tax revenue impacts of the Buckhorn Village project on Orange County. The information to conduct the analysis was gathered from Orange County and East West Partners, the project development group. The figures will change if the scope of the project is changed but the same methodology can be used to develop estimates based on the new information. Sanford Holshouser 6 Orange County: Buckhorn Village The project developer conducted a survey of existing retail establishments. The survey determined an average property tax value per square foot of anchor/destination retail space, mixed and multi-tenant retail space, and hotel facilities. These three categories were used based on the projected uses of Buckhorn Village commercial square footage. The existing business average values were applied to the mix of uses of the Buckhorn Village project. From this analysis, an estimate of property tax revenue to Orange County was projected. Anchor/Destination Retail Property Total Square Feet Property Tax Value Property Tax Value Per SF Meadowmont Harris Teeter 49,427 $5,455,135 $110.37 Hillsborou h Wal-Mart 168,709 $12,758,748 $75.63 Hillsborou h Home De of 104,769 $8,933,910 $85.27 Total 322,905 $27,147,793 Avera e Tax Value e'er SF $84.07 Source: Buckhorn Road Associates, LLC Survey i Mixed/Multi-Tenant Retail Property Total Square Feet Property Tax Value ,Property Tax Value Per SF Meadowmont Villa e Center 108,586 $17,122,797 $157.69 Wal-Mart Ou arcel 12,640 $1,852,006 $146.52 Wal-Mart Ou arcel 26,165 $2,678,176 $102.36 Timberl e Sho . in Center 104,656 $12,351,026 $118.02 MLK and I-40 Harris Teeter 96,511 $11,667,110 $120.89 Totals 348,558 $45,671,115 Avera e Tax Value Per SF $131.03 Source: Buckhorn Road Associates, LLC Survey Sanford Holshouser 7 Orange County: Buckhorn Village Hotels Property Total Square Feet Property Tax Value Property Tax Value Per SF Hillsborough Holiday Inn Ex ress 28,496 $3,616,177 $126.90 Chapel Hill Holiday Inn Ex ress 45,523 $5,678,152 $124.73 Cha el Hill Ham ton Inn 30,450 $6,007,832 $197.30 University Inn -Best Western 31,209 $3,847,569 $123.28 Totals 135,678 $19,149,730 Avera e Tax Value Per SF $141.14 Source: Buckhorn Xoad Associates, LLG J'urvey Using the survey information from above, an analysis was performed on the proposed square footage uses of the Buckhorn Village project. The average property tax value per square foot was applied to the project and an estimate of property tax revenue impact on Orange County was calculated. Buckhorn Village Real Estate Tax Analysis Property Use SF Average Total Orange Estimated ®range Estimated County Annual County Property Tax Property Property Property Value Tax Rate Tax Revenue Tax Value Per .SF Anchor/Destination 165,000 $84.07 $13,872,148 $0.0095 $131,785 Retail Mixed/Multi-Tenant 859,000 $131.03 $112,553,686 $0.0095 $1,069,260 Retail Hotels 120,000 $141.14 $16,936,921 $0.0095 $160,901 Total Estimated $143,362,755 $1,361,946 Pro e Tax Revenue Source: Calcutated from Buckhorn Xoad Associates, LLG' J'urvey and .Last west Partners ~n~ormanon Sanford Holshouser 8 Orange County: Buckhorn Village Estimate of Net New Revenue Property Tax Property Value Tax Revenue Existin Buckhorn Villa e Site $1,446,155 $13,738 New Construction and Property $143,362,755 $1,361,946 Im rovements Net New Revenue $1,348,208 Source: Calculated from Buckhorn Road Associates, LLC Survey and East West Partners Information It is estimated that Orange County will receive new annual tax revenues from this project of $1,348,208 upon build-out. The total tax value of the existing multiple (12) retail and hotel establishments used in the comparative survey is $91,968,638 producing annual tax revenue of $873,702. The Buckhorn Village project has the potential to individually exceed the tax revenue of the existing 12 establishments combined. In terms of commercial development, the Buckhorn Village project is a significant economic development project that will provide a significant revenue impact to the County. In addition to property tax revenue to Orange County, Efland Fire District will receive property tax revenue for one year, after which the site will be annexed by the City of Mebane. The tax revenue gain to Efland Fire District cannot be calculated at this time because it is unknown what percentage of construction will be completed, and, therefore, taxable during the one year it is in the district. However, the district will receive some new property tax revenue for that one year. Lodging Tax Analysis There are two hotels planned for Buckhorn Village. Due to Orange County's lodging tax, there will be lodging fees generated for the County. Based on 200 hotel rooms and an annual Sanford Holshouser 9 Orange County: Buckhorn Village average occupancy of 70%, Orange County would receive $91,980 in net new lodging fees. This calculation will change if the lodging tax is increased from 2% to 3% as proposed. Lodging Tax Analysis Rooms in 2 Average Projected Room Lodging Tax ]Estimated New Hotels Daily Room ®ccupancy Revenue Rate Tax Revenue Rate 200 $90 70% $4,599,000 2% $91,980 Source: Calculated from Buckhorn Road Associates, LLC Survey and East West Partners Information Retail Sales Tax Analysis The largest fiscal impact to Orange County from Buckhorn Village will be in new retail sales tax revenue. In fact, retail sales taxes could equal more than four times the net new property tax revenue. The consulting team conducted an analysis of projected retail sales tax revenue based on information gathered in the Buckhorn Road Associates, LLC retail survey and information from East West Partners. \ North Carolina levies a 4.S% retail sales tax and counties can levy a 2.S% retail sales tax which is returned to the county and shared with municipalities. Tax revenue is shared on a per capita or ad valorem proportional basis. A few counties have additional levies such as a public transportation levy iri Mecklenburg County. Orange County's local sales tax rate is 2.S%. Retail Sales Tax Analysis SF Estimated Projected Local Estimated Sales Per SF Total Sales Sales Tax Tax Revenue Volume Rate Anchor/Destination 165,000 $400 $66,000,000 2.S% $1,650,000 Retail Other RetaiU 859;000 $200 $171,800,000 2.S% $4,295,000 Restaurant Hotel Food and 120,000 $0.83 $100,000 2.S% $2,500 Bevera e Total Projected Retail $237,900,000 Sanford Holshouser 10 Orange County: Buckhorn Village Sales Total Projected Sales $5,947,500 Tax Revenue Source: Calculated from Buckhorn Road Associates, LLC Survey and East West Partners Information Retail Economic Review The consulting team reviewed existing retail sales and retail sales tax revenue data to place the above information in context. Retail sales and retail sales tax information was gathered from the NC Department of Revenue which regularly reports the information in the annual State Sales and Use Tax Statistics report. Orange County staff report that the County retains about half of the retail sales tax revenues and the other half is distributed to municipalities. Orange County Taxable Retail Sales and Retail Sales Tax Collections 2005-2006 Taxable Retail Sales 2005-2006 Retail Tag Collections 2006-2007 Taxable Retail Sales 2006-2007 Retail Tax Collections Total $907,564,371 $40,822,603 $948,302,963 $41,765,632 1% $6,181,427 $62,200 $S18,S33 $5,092 2% and 3% $1,061.982 $25,483 $2,025,017 $53,219 A arel $25,028,824 $1,133,752. $24,800,661 $1,090,740 Automotive $45,934,632 $2,079,808 $52,016,868 $2,316,892 Food $330,368,526 $14,949,810 $369,280,198 $16,261,090 Furniture $24,4S8,4S7 $1,113,328 $23,000,577 $1,022,947 General Merchandise $173,807,817 $7,856,122 $185,031,160 $8,147,212 Lumber and Building Materials $154,687,206. $6,992,498 ..$147,086,886 $6,471,969 Unclassified $146,035,500 $6,609,602 $144,543,063 $6,396,472 Source: NC Department of Revenue, State Sales and Use Tax Statistics ror N'isca[ Years luu~-zuvv ana ~uvo-wui The above table :shows that the estimated retail sales of Buckhorn Village of $237.9 . million equals a bit over 2S% of the total existing retail sales in the County during 2006-2007. The development will boost total County retail sales to almost $1.19 billion. Whereas the retail sales of Buckhorn Village would boost total sales by 2S%, retail sales tax revenues would be increased by 14.2%. Sanford Holshouser 11 Orange County: Buckhorn Village The number of retail establishments in Orange County is estimated to be 955 in 2007. \. Based on the 2007 population estimate, there are about 130.5 people in Orange County for every retail establishment. Alamance, Wake, and Cabarrus Counties have lower numbers of persons per retail establishment than Orange County. Based on this information the Orange County market place is not saturated with retail establishments given the higher people to establishment figures of comparable communities. 2007 Retail Establishments County Number of Retail Establishments .People per Establishment Oran e 955 130.5 Alamance 1,176 122.9 Chatham 353 169.3 Durham 1,927 132.2 Wake 6,605. 122.9 Cabarrus 1,257 127 Johnston 1,138 137 Source: Eb'Ltt In raw numbers, Orange County's retail sales rank near the bottom of the group. Only Chatham County's sales are lower and Chatham County's population is significantly less than Orange County's. This information, along with low people to establishments ratio, makes a case that Orange County's retail market is underserved and dollars are flowing out of the community. 2006-2007 Taxable Retail Sales and Sales Tax Collections Counties Taxable Retail Sales Sales Tax Collections, Orange $948,302,963 $41,765,632 Alamance $1;371,732,692 $59,966,191 Chatham $301,018,001 $13,214,818 Durham $3,796,970,577 $166,292,584 Wake $11,262,239,398 $494,403,505 Cabarrus $1,882,429;350 $82,429,237 Johnston $1,135,891,639 . $49,629,694 Source: N(; Department of Revenue, sates and Use lax statistics i Sanford Holshouser 12 Orange County: Buckhorn Village To give another perspective to the numbers above; a review of per capita statistics were analyzed. Orange County's retail sales and retail sales tax collections are near the bottom of the group with only Chatham and Johnston Counties being lower. Alamance County's per capita sales and tax collections are the next highest. after Orange County. This table reflects, as the ones above, that the Alamance/Orange County retail marketplace is not saturated and is leaking retail dollars. 2006-2007 Taxable Retail Sales and Sales Tax Collections Per Capita County Sales Tax Collections Retail Sales Orange $335.20 $7,610.88 Alamance $414.97 $9,492.57 Chatham $221.11 $5,036.69 Durham $652.81 $14,905.69 Wake $609.23 $13,878.67 Cabarrus $516.44 $11,793.78 Johnston $318.24 $7,283.50 Source: NC Department of Revenue, Sales and Use Tax. Statistics The consulting team examined per capita, median household, and median household disposable income to ascertain the income differentials impact. The table below shows the income levels of the seven counties. Orange County's per capita income is the second highest; however, median household and median household disposable income are in the middle of the group with Durham, Wake, and Cabarrus Counties all higher. 2007 Income Information County Per Capita Median Household Income Median Household Disposable Income Oran e $35,229 $54,157 $42,268 Alamance $24,308 $48,368 $37,983 Chatham $28,802 $53,182 $41,106 Durham $30,245 $55,861 $43,333 Sanford Holshouser 13 Orange County: Buckhorn Village Wake $36,635 $72,665 $53,787 Cabarrus $27,320 $58,493 $44,547 Johnston $23,373 $51,896 $39,776 Source: ESKI 2007 Median Household Disposable Income as a ratio to Retail Sales and Retail Tax Collections County Retail Tax Collections Taxable Retail Sales Oran e 1:998 1:22,435 Alamance 1:1,578 1:36,114 Chatham 1:321 1:7,322 Durham . 1:3,837 1:87,623 Wake 1:9,191 1:209,385 Cabarrus 1:1,850 1:42,257 Johnston 1:1,247 1:28,557 Source: ESRl The consulting team prepared the following ranking to show the impact that differential income plays in retail sales in the comparable counties. Orange County has the fourth highest median household disposable income but ranks 6th in the ratio to retails sales. This is another indicator of retail leakage. ®range County Rankings Ranking of Median HH Dis osable Income 1. Wake 2. Cabarius 3. Durham 4. Oran e 5. Chatham 6. Johnston 7. Alamance Source: Calculations from ESRI Data Ranking of Ratio of Med. HH Dis osable Income to Retail Sales 1. Wake 2. Durham 3. Cabarru.s 4. Alarnance 5. .Johnston 6. Oran e 7. Chatham Sanford Holshouser 14 Orange County: Buckhorn Village Employment and Wage Analysis The Buckhorn Village project is estimated to create 1,133 jobs in the retail and the accommodation and food services sectors. An estimated 300 of the jobs will be employed at an anchor retailer. Another 515 jobs will be in the mixed retail establishments. Restaurants are projected to employ 270 and 48 are estimated to be employed at two hotels. This section of the report analyzes the impact of those jobs on the Orange County economy. Orange County Labor Force 2006 Annual 2007 Annual March 2008 Total Labor Force 67,334 67,405 67,534 Source: NC Employment Security Commission When examining the labor force, one particular note of interest showed up. The growth rate of the labor force has lagged behind the growth rate of the population. Typically, if jobs are being created as people move into the community, the labor force and population will grow at approximately the same rate. In Orange County, the annualized labor force growth rate from 2000 to 2007 was 0.58% while the annualized population growth rate over that time was 1.12%, almost- double the labor force rate. Labor force growth is attributed to government employment as opposed to private sector employment. The 2000 US Census showed that 27% of Orange County residents out-commute to Durham County. It is expected that more out-commuting is taking place, given the review of labor force growth as compared to population growth. Orange County leadership should take note flat job creation is important to maintaining a live, work, play community. Below are the currently reported employment levels for the retail trade and the accommodation and food service sectors, those that specifically apply to the Buckhorn Village Sanford Holshouser 15 Orange County: Buckhorn Village project. Generally referred to as the hospitality sector, it is called the accommodation and food service sector•by the North American Industrial Classification Code system. Both sectors have shown growth in recent years. Orange County Employment: Retail and Accommodation and Food Service Sectors 2006 Annual 2007 3Q Total Em to ent 59,517 62,656 Retail Trade Ern to ent 6,473 6,664 Accommodation and Food Service Em to ment 5,156 5,324 Source: NC Employment Security Commission The employment figures in the table below show that Orange County has one of the lower employment percentages in the retail and accommodation and food service sectors. The rate of 10.6% in retail is second to the bottom following Durham County. The accommodation and food service percentage at 8.5% is in the. middle of the range. This supports that Orange County has a higher number of accommodation and food service establishments and fewer retail. ~. People may not shop in Orange County but they do eat and stay overnight. 2007 Third-quarter Retail and Accommodation and Food Service Employment as a Percent of Total Employment County Retail Trade Accommodation and Food Service Orange 10.6% 8.5% Alamance 13.3% 9.6% Chatham 1`0.8% 6.1 Durham 7.3% 6.4% Wake 11.2% 8.2% Cabarrus 15.6% 10.5% Johnston 14.1% 9.3% Source: NC Employment Security Commission Another important data point to analyze in this project is wages. Retail and accommodation and food services wages are among the lowest of any sector, in part, due to the Sanford Holshouser 16 Orange County: Buckhorn Yillage part-time schedule of many of the positions. The average weekly wage in retail trade in Orange County is $430.31 and $280.79 in the accommodation and food service sector. Even though retail and accommodation and food service jobs pay less than the average wage, it does not mean the jobs are unimportant to an economy. Flexible scheduling offered by these jobs appeal to students, two-parents-working households, seniors, and others. Also, a portion of every labor market includes unskilled labor desiring entry level positions offering stable, consistent employment. The key point garnered from wage information, is that the majority of jobs created by Buckhorn Village will not be "bread-winning" or "relocation" wages and, therefore, will not cause people to relocate to Orange County. If the Buckhorn Village project were a technology company offering average wages of $60,000, it would attract people to relocate. Because of the lack of incentive for relocation, the impact on schools, residential services; and transportation will be minimized. 2007 Third-Quarter Wages County Avg. Retail Weekly Wage . % of Avg. Total Weekly Wa a Avg. Accomm. and Food Service Weekl Wa a Avg. Total Weekly Wage % of Avg. Total Weekly Wa e Orange $430.31 53.9% $280.79 $798 35.2% .Alamance $430.77 70% $236.75 $615 38.5% Chatham $489.50 83.2% $237.34 $588 40.4% Durham $438.76 39.7% $313.32 $1,104 28.4% Wake $519.76 64.2% $283.74 $810 35.1% Cabarrus $427.72 63.6% $256.49 $672 38.1% Johnston $420.08 68% $230.53 $618 37.3% Union $471.28 71.8% $219.60 $656 33.5% Source: NC Employment Security Commission Sanford Holshouser 17 Orange County: Buckhorn Village Construction Impact The "Economic Impact of Buckhorn Village, Orange County, PVC," report analyzed the economic impact of the construction phase of the project. The study used an estimated $138 million in construction costs, slightly less than the $143 million figure used for this analysis. Using the well-known IMPLAN model, the study found that 1,332 jobs would be created during the construction phase. About 932 of the jobs would be in Orange County and about 400 outside the County. Additionally, $2.18 million in sales tax revenue would be realized during construction, of which $875,000 would remain in County. IlVIPLAN is a predictive input-output model that estimates the effect of an increase in investment on a specified economy. • Cost of Public Services: Public Safety, Infrastructure The potential impact on Orange County public services was reviewed. In all economic development projects there are financial impacts on public services. In the case of Buckhorn Village, public safety services will become the responsibility of the City of Mebane within one year from the onset of construction or the Certificate of Occupancy, whichever is later. Orange County will incur minimal public safety cost during the one year construction period. Water and wastewater services will be provided by the City of Mebane from the outset. Electric, telecommunications, and natural gas will be provided by private utilities. The County will have the benefit of the project without the costs associated with public safety and infrastructure. Housing and Schools The consulting team reviewed the impact on public schools directly related to potential new housing. More housing typically means more children in schools and other public service impacts. The 2006 NC State study of cost of services, "The Cost of Community Services in C Sanford Hotshouser 18 Orange County: Buckhorn Village Orange County," shows that for every one dollar the County spends on services, Orange County realizes $0.76 from the residential sector and $4.21 from the commerciaUindustrial sector. This study assumed that public services would be offered by Orange County. In the case of Buckhorn Village, services will be provided by Mebane; therefore, increasing the return to Orange County beyond the $4.21 stated. The study went on to show that agricultural land generates $1.38 for each service dollar. Quoting from that study, "These findings for Orange County are consistent with the findings of nearly every Cost of Community Services study that has been carried out in other communities throughout the U.S. The degree of cross-subsidization of the residential sector - in particular, the extent to which the Orange County's commercial sector pays for services provided to its residential sector - is somewhat higher than the median in other studies that have been conducted nationally. Closer to home, the relative balance of revenues and expenditures across land use categories lies between what was found in comparable studies conducted in Chatham and Wake Counties." The report, and this study's consulting team, recognizes the importance of a diversity of land uses and the interconnection between living, working, and playing in a community. At the same time, a development that fueled residential development would bring additional costs that should be analyzed and evaluated. This study's research shows that there will be a minor impact on Orange County schools. What impact is felt will be related to the 200 multi-family residential units planned for the development. Some portion of the new housing units may be occupied by newcomers with school-aged children; however the impact will be small relative to the size of the development. Unlike in other areas where water and wastewater open significant land for residential development, the extension of infrastructure from Mebane will open land in the economic development zone, to be used for commercial and industrial development. Sanford Holshouser 19 Orange County: Buckhorn Village The Buckhorn Village project is unlike industrial development projects that fuel residential growth. The wages offered in retail and accommodation and food service businesses. are not "relocation'.' wages. It is unlikely that people will move to Orange County for jobs. other than key management positions. However, people that live in Orange County and drive to work in other counties for retail jobs will find this as an opportunity to live and work in the same area, reducing miles traveled. If any relocation is driven by this project, Alamance County is a more cost effective choice given that the median home value is $116,907 in Alamance County and $216,958 in Orange County based on Census data and projections. Orange County staff has information from Market Opportunity Research Enterprises, a market research and analysis firm, which show new and resale averages to be $329,006. Benefits of ®pening New Economic .Development Zoned Land One key long-term economic development advantage to Buckhorn Village is that it will bring infrastructure close to a 600-acre economic development zoned area and the 200-acre area with industrial land use. Orange County's land use plan, which dates to 1981, has designated this area for economic, commercial, and industrial development. An indirect benefit of the Buckhorn Village is that it will allow further implementation of the County's land use plan. Given the information above on the cross-subsidization of public services, Orange County should look for areas of implementation in the land use plan to provide employments centers for a variety of economic sectors; office, retail, services, light industrial. Creating employment centers in the County will reduce commuting, transportation strains, enviromnental impact, and create a sustainable development. Sanford Holshouser 20 Orange County: Buckhorn Village Spin-®ff Businesses Each economic development project creates spin-off development. During the construction phase, sub-contractors of all types will be needed, as will sign companies,, pavers, landscapers, etc. There will be ongoing spin-off through contracted services. In the case of Buclchorn Village, Orange County landscaping contractors will have opportunities to bid on new business. Some establishments may outsource security, maintenance, and other services. Creating new opportunities for small and entrepreneurial businesses is an important aspect to economic development and is inherent to projects of this size and nature. Environmental .Impact This study did not include a full environmental impact review. However, the consulting team did research whether any environmental permits were required. Other than standard development permits such as storm water run-off and construction permits, the project will require no special air or water quality permits beyond adhering to `Neuse River Rules.' Sanford Holshouser 21 Orange County: Buckhorn Village Methodology This report is submitted to Orange County as an expert analysis of the Buckhorn Village project. Sanford Holshouser used public and private data sources, information from previous. studies, and interviews with Orange County staff to develop the findings in this report. Public data sources include state and federal agency reports such as NC Department of Revenue publications and the U.S. Census. The private data source used is ESRI, a recognized world leader in geographic information system technology. ESRI data estimates and projections are based on the 2000 U.S. Census. Information gathered from previous reports is cited in the ' reference section. The Barnes study, which derived its data from interviews with East West Partners, provided most of the project-specific data. The Orange County Assistant Manager and Planner provided project information in two meetings with the consultant. Direct impact conclusions were drawn from quantitative analysis of the data. Generally acce ted means of corn utin and com arias economic and demo a hic data were used. In P P g p g ~p addition to direct impact conclusions drawn from data, professional opinions were rendered in this study concerning indirect impacts. The professional opinions contained herein are based on Sanford Holshouser's partners' more than 120 years of direct economic development experience. Our opinions are based. on firsthand knowledge of developing property, local government financing, permitting, labor force patterns, economic and demographic data, and analyzing public services. Based~on the data sources utilized, and Sanford Holshouser's longtime direct economic development experience, this report represents an expert level of review and analysis of the Buckhorn Village project. r Sanford Holshouser 22 Orange County: Buckhorn Village -_ yt r ~~ y I . ~~ Ir~ c f ~ -. p .~~ ~ I 1 i 4 .._......r.. t r 1 1 ~! ~t .;. 'f~{.n i~ ~ i 4 ~ . • ~~ ~~ .~t J~ r ,, ~.~ .., ~ ~- 4 : '::. : ~ r~ Jt , ~ g ,~yu }- ,fir L~ T . 1 1t '1I ~y~ ~F~. _ p*~ _ 14 4 1 ~ ~~W.- i11 Sa ~'~} tl~ra{ Ra tZS+JT' 1~ O~ r i ~ L 4 -J 1 ~ y'r-f r. '1_ i L ~ ~ ..~ r~r it . N `~ t -i~'v ~ `t ~11 4 4 ~p j' t ~ s . rl ~~ ~ ~ 7`~~ti a ~ "o- Legend: t ~ yzmn~os ~n ,~. `~~~ 2T •` , t! K} t~9:nvom o-sr,s,t~on t,~ I T ~ ~~~ .! .~k~ ~{ -' 'may ~ d~O Vnm t•nn5mm~ ~C '!•j -1 s I -t'~"~`^` _ ~~•'~.~.-. (•-7tmrm aes~aemat t ~ - ~' nth .115k7[ ' q ~ fS'~f l f gtlcuilrrGl PennYrnl Ml R _ ~ r/-/ ./ lam'' 1 t Y~.~ 111• _{ t nl'~'-~k` ~{ / ~R it'. f IN'f'+n Ffu.16 3 1 ' m ji LL~ ~~ i s! 041 t I~r] i.nr~Innnl ,bm:OCU!~n ~~. ~ =t ~u c ~ I~mnx _I ~ - ~~ f ~,r4 f - f~~ ~ I `... Ofxltrc I.. r .tr rr.n•. L t /F~'~1 ~ ! I ,l!` ~~',.7,JJJy t f'ilQr;ly Y.',llRlCnrrl: I ~t fat ~ T I~ - 1 _,•` ( ~ ~~ f{ ~.f` ~~ ~3.- LLJ wa:crshAa Cna<a~arem ~ ` ~ ~ ~ ~ "~'~ ~ r l ~ ~ ry ~ - ~ :mlinoan; ! ys A y~' x_ ( ~ :r tl r~~ ~euail C;,mmun:v linac ~~' ~ ~ r. '~ I' ~~~li ~' ~ ;f ~ ~~•'~ pnurm rl:,t9r~onoau noun ~~Jl~ `r3~., °~ -r: 41 ~~ ~~r ,~ ' ~//~ ~ ~commnmmrJOnn b ; u•~wr 4 ~`-.~ .]/\/ / ~gC»n a.IVlnflnCnN t:n3+ ~ ~ ! f ~ Y 1 ~ / ~CC4nOrn~=1J5v41nPmpni r ~ ~ ~; F ~C} I J .l )Ci~.Hn.F JriM~ nnJ Arad r ~ ~r t 9• ,, ~. .F is` ~ ~ `. Y2 t .^ w ~~-~-. `" J ~ ~ ctr ~. r t I~-, '7, f h ~, sNy ~ ~: 4~ ,i< Tr<:t~ ,~ i. ~ ~6111es a. r ~ ~ ~xr: s .I I ~ ': ~ u~a ~~ r~ _ ~r •,.2 -.ti.y Cr 1. ' y r3 1 inch equals 1 miles '^F ()nt h. mN aN 4vMfimYMNm e1 ~.~ G-~4~u~c! G eF ~jt ~~~ h r4"l~l~ d ~~`tr~ ,' ,r m n c..::n r <wemrro w.r oy aar ~ ~' Y ~ ,~ v ~,! r ..rr~nr.~ ' ~ ~{ ~ it Ir 3+' ~ {~'~,~ urJm unm.rmn,lam _~ rte :fe. ~,__:_Li+tl~e-r :~ ~•::! ~..~,~.---. _~.r- ~ r I''.a:!r' n6vv Sanford Holshouser 23 Orange County: Buckhorn Village 12eferences Barnes, Zakia, Economic Impact of Buckhorn Village, Orange County, NC, University of North Carolina at Chapel Hill, 2008. Buckhorn Road Associates, LLC, Orange County Tax Yalue Analysis, 2008. ESRI, Business Analyst Online, www.bao.esri.com. N.C. Department of Revenue, State Sales and Use Tax Reports by Fiscal Year, http•//www dor state nc us/publications/fiscalyearsales.html, 2005-06 and 2006-07. N.C. Employment Security Commission, Labor Market Information, http://www.ncesc.com/lmi/default.asp?init=true, 2006 and 2007 Third-Quarker. N.C. Office of State Budget and Management, State Data Center, 2006•Certifzed Population Estimates, http•//www osbm state nc.us/ncosbm/facts and figures/state data center.shtm, 2006. Renkow, Mitch, The Cost of Community Services in Orange County, Department of Agricultural and Resource Economics, NC State University, 2006. U.S. Census Bureau, Census 2000, www.census.gov. Sanford Holshouser 24 j; The, Sanfiord'Holslouser Business',Develapment,,; •Group T.i J.E St]-.l~l ~®1W 1~.®LS.CA®'l.1 ~7E~ J~U~~l®I~JS .l.J~ V .GL®~~~N 1 G~®U~y .H~~C The Sanford Holshouser ]Business deveoopment Group is an innovative and growing economic development consulting firm that provides action planning, site selection services, and unique strategies to communities, organizations, and companies worldwide. Affiliated with the law firm Sanford Holshouser, LLP, our firm proudly continues the legacy of integrity. and leadership and furthers the visionary economic development ideas of the firm's founders, former US Senator and NC Governor Terry Sanford and former NC Governor Jim Holshouser. Sanford Holshouser's six partners' direct economic development experience includes: %~~ marketing and business recruitment -~ existing industry retention and expansion ~'' site selection ~'~= small business development ~'~ infrastructure development ~'= workforce development - -_`~ industrial, business, and research park development -'~'- shell building development ~~•~ site certification • ~~'~~ utility related economic development programs -~ entrepreneurial initiatives. ~'~'= structuring economic development organizations -~= operational strategies for EDOs ~'~= incentive negotiations '= incentive policy development ~'-~ and a range of other economic development strategies THE SANFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfosdholshouser.com ~c; ~ ' The~San#ord}:Holshouser Business Deve'lopment'.Group ~'anford Holshouser Services Site Selection ~~ Selection Criteria -assist companies in developing location importance factors. -== Search -comprehensive search fox sites and/or buildings that meet client needs. '~ Comparisons - develop a standardized cost/benefit comparison of communities.. ~'~ Incentive Negotiating -negotiate fair, reasonable incentives for a long term partnership between the company and community. Operations and Management ~` Strategic Planning -action planning that provides unique solutions to communities with a focus on sustainability and implementation. '~~ Board Development -assist ED boards in building leadership roles; retreat facilitation. ~~ Executive Search -recruit the qualified professional for your program; negotiate the contract. -~ Bridge Management -professional management of the economic development program during the executive search. ''~ Private Sector Partnerships -assess the current organization and program and capitalize on partnerships with the local private sector. ~~ Fundraising -through association with one of the nation's best professional economic development fundraising groups. Program Development ~~~ Local Program Development -assist communities in broadening their ED program by developing strategies for Business Retention and Expansion, ~Jorkforce Development, Small Business Assistance, Entrepreneurship and Agribusiness. ~~~ Marketing -through association with the nation's leading lead generation firm, qualify leads, reaching the decision makers who are managing active projects; target-market analysis to enable the recruitment of companies that are compatible with the community. -~~ Client Handling -ensuring prospects are provided professional treatment. PraductDevelopment ~'~ Product Development -industrial/business/technology park development; shell building programs; consortium financing; site certification/qualification; brokerage; land banking; product development deal structuring; multi-jurisdictional industrial parks. Incentives ar~d Financing '~'~ Incentives Negotiations -ensure the deal is right for the community. '~ Incentive Policies -assist communities in developing policies that protect investment. Financing -strategies for financing product development and program operation. THE SAIVFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfordholshouser.com ';.,. 4.; The, Sanford jHolsh'ouser Business jDevg~lopment?1Group .. .. , ..... ,:ia?tt:,, .Sanford Holshouser Partners • Governor Holshouser participates in the Business Development Group's consulting projects involving economic development policy. • Ernie Pearson is North Carolina's leading expert on incentives, incentive policies and 'structuring product development initiatives and nonprofit economic development activities. • Bob Comer has specific experience restructuring economic development organizations. • Crystal Morphis specializes in existing business, product development and comprehensive economic development planning. • Rocky Lane's specialties include workforce development, training and existing business retention and expansion. • .Mike Geouge has extensive experience in city planning and electric utility related economic development issues. • Bob De Mauri has more than thirty-five years of experience in economic and community development at the local, regional, and state levels. Governor James E. Holshouser, Jr, has been involved in public service throughout his career as a lawyer dedicated to his clientele, a state representative, Governor from 1973 to 1977, and by service in numerous public and private sector boards, such as the UNC Board of Governors. During his tenure as Governor, North Carolina saw a number of economic development "firsts", to include the first North Carolina overseas recruitment office in Germany and the first time this state had total new investment to surpass one billion dollars. He has guided and participated in policy matters related to economic development initiatives from local to the state level. Ernest C. Pearson has served both in the private practice of law and in public policy positions. He served as Assistant Secretary for Economic Development of the NC Department of Commerce. He managed economic development programs, including industrial recruitment, international trade, small business development, tourism, film industry recruitment, and finance programs for industry. Since returnhzg to the private sector in 1993, his law practice has focused on economic development matters, representing numerous local jurisdictions, in economic development projects and companies in site selection projects. Robert F. Comer has developed strategic action plans, organizational restructuring and privatization, marketing plans, personnel policies and funding campaigns for several local and regional economic development organizations in North Carolina. A local developer for 15 years and a pioneer in regional economic development, Bob most recently was chairman of Piedmont Triad's regional economic development Foundation. A retired US Navy Captain, Bob graduated from UNC-Chapel Hill and has a Master Degree equivalent from the US Naval War College. THE SANFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfordholshousex.com Theo Sanfiord` {Holsii`ouser ii. Business }Developmentj;Group /\/ Crystal P. Morphis, CEeD, has over 10 years of direct economic development experience. She has experience~in developing industrial parks, site certification, marketing, existing industry program development, strategic planning, private sector fundraising, executive searches and research for economic development. She serves on the Advisory Board for NC State University's Industrial Extension Service and is an instructor at the UNC-Chapel Hill Basic ED Course. Crystal holds a Bachelor of Arts in Economics from Salem College and a Master of Science in Economics £rom UNC-Charlotte. L. Calvin "Rocky" Lane, Jr., has over 13 years experience as an economic. developer and 15 years in workforce development. During that tenure, he was responsible for developing a fully serviced industrial park, a shell building, two NCDOC Certified Sites, an award winning marketing program, and the successful recruitment of 17 new companies and numerous expansions representing over X1.5 billion in new investment and over 2000 new jobs. Rocky served in various positions with Halifax Community College for over 13 years, the last three as Dean of Continuing Education. He holds Bachelor and Master Degrees from N.C. State University. Michael K. Geouge, CEcD, has over 37-years of economic development and city planning experience. He has been the Manager of Economic Development for Duke Power/ Nantahala Power, manager of the western regional office of the North Carolina Department of Commerce and spent 15-years experience as a city planner and/or planning director with the states of North Carolina, Tennessee and Mississippi. He has participated in over 300 industrial client visits and in nearly 100 industrial client announced locations. He earned a Bachelor of Science in urban geography from East Tennessee State University. Robert S. De Mauri, AICP, has more than thirty-five years of experience in economic and community development. He has held positions with local and state governments as well as in the private sector and was Director of the Thomas Jefferson Partnership for Economic Development in the Charlottesville, Virginia region. His experience includes preparing economic development strategies, marketing plans and local land use plans and ordinances. He has also worked with companies to provide site location assistance while evaluating the competitive advantages of communities. He earned a Bachelor in City Planning from the University of Virginia. THE SANFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfordholshouser.com ti , ., IE ~~ The,. Sanford,t;Holsbouser Business jDeveiopment~.6roup Current and Previous EDC/Government Clients of The Sanford Holshouser Business Development Group and Sanford Holshouser LLP Advantage West Regional Partnership, NC Albert Lea, MN Alleghany County, NC Anson County, NC Ashe County, NC Avery County, NC Carteret County EDC, NC Catawba County, NC Chester County, SC Chesterfield County, SC On behalf of ElectriCities, Inc. City of Albemarle, NC City of Cherryville, NC City of Gastonia, NC City of High Point, NC City of Kinston, NC City of Laurinburg, NC City of Lexington, NC City of Lumberton, NC City of Monroe, NC City of Morganton, NC City of Newton, NC City of Shelby, NC City of Statesville, NC Clay County, NC Craven County, NC Cumberland County, NC Danville, VA Davidson County, NC Elizabeth City State University, NC Gates County, NC Halifax County, NC Harnett County, NC Henderson County Partnership, NC Hertford County, NC Hoke County EDC, NC Hyde County, NC Iredell County, NC Jones County, NC Kerr-Tar Regional. Council of Governments, NC Lee County, NC Martin County, NC New Hanover County North Carolina Department of Commerce North Carolina's Eastern Region North Carolina Motorsports Association North Carolina Northeast Partnership North Carolina's Southeast Northampton County, NC Pamlico County, NC Pender County, NC Piedmont Palmetto Economic Development Alliance, SC Research Triangle Regional Partnership, NC Rockingham County Partnership for Economic & Tourism Development, NC Rutherford County, NC Salisbury-Rowan EDC, NC Sampson County, NC Stanly County, NC Surry County, NC On behalf of ElectriCities, Inc. Town of Apex, NC Town of Ayden, NC Town of Benson, NC Town of Clayton, NC Town of Cornelius, NC Town of Drexel, NC Town of Fartnville, NC Town of Huntersville, NC Town of Landis, NC Town of Louisburg Town of Maiden, NC Town of Selma, NC Town of Smithfield, NC Town of Wake Forest, NC Town of Granite Falls, NC Town of Cary, NC Town of Clinton, NC Town of Fuquay-Varina, NC Town of Elkin, NC Town of Holly Springs, NC Town of Navassa, NC Town of Red Springs, NC NC Seafood Industrial Park Authority/Wanchese Seafood Industrial Park, NC Wayne County Development Alliance, NC Washington County, NC Yadkin County Chamber of Commerce, NC Yancey County, NC Yancey County EDC, NC York County, SC THE SANFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfordholshousex.com ,, ~,.., ti ;;,,~~}~, The~Sanford,Holshouser Business !Development,;;Group r ;~~ The Sanford Holshouser Business Development Group and Sanford Holshouser, LLP, have been involved in some or all of the site selection process for the following companies. 3C Alliance LLP -Battery manufacturer Qapanese/German/US joint venture) 3 Tex, Inc. -Composite materials manufacturer Ann's House of Nuts, Inc. -Snack processing and packaging Anpota Development Inc. -Concrete manufacturer Qamaican) Applied Distribution Resources, Inc. -Distribution Biosigaia, Inc. -Serum marker analysis Biotron Waste Research, Ltd. -Waste recycling (Canada) Blueberry Plastic Mill Corp. -Plastics recycling Citterio USA, Inc. -Specialty meat processing and packaging (Italian) Corrugated Container Corporation -Corrugated container manufacturer Cott Beverages USA, Inc. -Beverage bottler (Canadian) Cranberry Clouds Ltd. -Furniture manufacturer (England) Dudson USA, Inc. -Distribution of institutional china (England) Duracell Battery, Inc. -Joint venture partner in 3C .Alliance Environ Products -Rotational molding manufacturer and headquarters EnviroTire Recycling Technologies LLC -Tire recycling (Canada) Formscape LLC -Electronic form. systems (England) Galley & Lord -Textile fiber manufacturer GoGo Motorsports USA, LLC -Scooter assembly/distribution (China) Hickory-White Furniture Company -Furniture manufacturer Intexcord Technische Faden, GmbH -Industrial/tire cord manufacturers (Germany/Turkey joint venture) Kordsa, Inc. -Industrial/Tire manufacturer (Germany/Turkey joint penture) \ Just Care, Inc. -Private prison hospital facility Liberty Hardware Manufacteiring Corporation -Distribution of hardware for furniture manufacturers Logic Marine Corporation -Boat manufacturer (Indonesia) Magma Entertainment Corp -Animal bedding manufacturer Matisse Derivan ([TSA) Inc. -.Artist paint manufacturer (Australia) Meadows Metalcraft LLC -Lamp manufacture (Dubai) Mina Pharmaceuticals, Inc. -Pharmaceutical packager (Canada) Norske Skog Industries ASA -Flooring manufacture (Norway) North Carolina Quadel Consulting Corporation -Data processing Novo Nosdisk Pharmaceutical Industries, Inc. -Production facility Parton Family -Theater and entertainment district Recycling Earth Products, Inc. -Recycling building materials Royal Laser Technologies, Inc. -Component manufacturer Rutherford Motorsports, LLC -Motor scooter/cycle distribution Sherrill Furniture Company -Furniture manufacturer Spetronic Plating -Plating components for computers (Canada) Tensor Machinery -Furniture component manufacture (Canada) Texel, Inc. -Non woven fabrics manufacture (Canada) Toshiba Battery, Inc. -Joint venture partner in 3C .Alliance Qapan) Varta Batterie AC -Joint venture partner in 3C Alliance (German) THE SANFORD HOLSHOUSER BUSINESS DEVELOPMENT GROUP LLC PO Box 5646 Cary, NC 27512-5646 919-755-1800 www.sanfordholshouser.com ~~T Luc ®rn Village Submittal for Design Solution Justifications 2,13 Anal Request for addition to Draft Conditions of Approval Section 2-4-3 Date: May 7, 2008 Design Solution Two (2): Justification: The C?range County Economic Development Manual currently employs a composite ratio system ~_ to regulate the overall development of a parcel of property within an Economic Development district. This ratio is comprised of the following individual elements: 1. Impervious Surface Ratio (ISR): A calculation identifying the. proportion of a site covered by any surface or material that impedes or prevents the natural infiltration of water into the soil. Buildings, sidewallcs, driveways, parking/loading areas, and exterior storage areas (paved and/or unpaved) are all examples of impervious surfaces. 2. Building Volume Ratio (BVR}: A calculation identifying the portion of a site devoted to support a building, parking, loading, and exterior storage area intended to support a proposed land use. The formula for calculating the BVR is as follows: BVR = ~ (VB +VP + VL + VE) / 10 A Where: BVR =Building volume ratio VB =Volume of building(s) VP =Volume of parking areas VL =Volume or loading areas VE =Volume of exterior storage A - =Site or lot area C. 10 =According to the Manual, this is the constant built into the formula taking into account a standard building, covering an entire site, that is ten (10) feet in height. 3. Landscape Volume Ratio (LVR): A calculation identifying the total volume of trees, shrubs, buffers, and berms (either existing or installed) compared to the total size of the lot being developed. The formula for calculating the LVR is as follows: A Where: VT =Volume of trees VB =Volume of berms A =Site or lot area 10 =According to the Manual, this is the constant built into the formula taking into account an existing property with vegetation, covering an eatire site, that is ten (10) feet in height. Height of Six (~ stories is consistent with the purpose and intent of the Land Use Intensity requirements given the following: a. We are proposing a Floor .Area Ratio that is less than the existing constant built into the various formulas (i.e. we are going to have less building footprint as we are going to have multiple floor buildings with multiple land uses), b. By using the proposed Floor Area Ratio methodology we are taking into consideration the use of shared parking facilities and infrastructure as well as the clustering of these various proposed land uses to avoid the need for large amounts of impervious surface area, c. Utilizing Floor Area Ratios as the methodology for calculating acceptable building area actually reduces the total building footprint by allowing the developer to go vertical with a multiple floor building housing, individual land uses. The existing process does not recognize the benefit of having a reduced building footprint by having land uses on multiple floor of a building. 8. Our various calculations, using the Site Volume Ratio.(SVR) methodology indicate the following: a. District I: i. Landscape Volume Ratio: 20,000,000 square feet of landscape area or a LVR of 1.093 (this includes existing vegetation that will be preserved and proposed new landscaping as outlined within the application) ii. Building Volume Ratio: 185,000 square feet of building area, 475,000 square feet of parking, loading, and storage area Total BVR of .028 iii. SV1~ =1.065 iv. This analysis is based on service/retail uses only: If you add Office/Institutional uses it becomes impossible to properly calculate the SVR. ratio.. b. District III: i. Landscape Volume Ratio: 23,242,000 square feet of landscape area or a LVR of 1.11 (this includes existing vegetation that will be preserved and proposed new landscaping as outlined within the application) ii. Building Volume Ratio: 440,000 square feet of building area, 550,000 square feet of parking, loading, and storage area Total BVR of .052 iii. SVR =1.058 Addition Desigai Solution Eleven (11): Justification; Attached is an exhibit "Architectural Landmark". Please add this to the conditions of approval Section 2-4-3 as sub-article lA. Please revise the current sub-article 1 to 1B. Consulting Engineers Project: By: ,eo Date• 1 Project No. ~°' c"9~ Checked: Sheet: of Design Solution'Tlairteen (13): Janstifacation: The Orange County Economic Development Manual currently allows a 2S% break in the 100' MTC buffer. This break is indicated in the design manual as a 2S% opening from the property side through to the right of way of I-40/I-8S. The existing water feature as identified by Orange County and there buffer rules will not allow clearing this entire width. Therefore existing vegetation will remain between the property and the right of way regardless of the allowed breaks. We request that the allowed break be increased to 60% to compensate for the inability to accomplish the intent of the ordinance by allowing completed vistas through the buffer. Our 60% will provide a diffused buffer allowing visibility through the trees but not vast open swaths. And equating the allowed break versus 60% is basically a net result of zero. We believe the original intent of the buffer was two-fold 1. To provide noise reduction from potential development of residential properties 2. To provide screening from Industrial and warehouse uses The intended use of Buckhorn Village will not warrant a need for noise abatement from I-40/I8S. The development itself with the proposed landscaping and hard structures will fill the void left from any buffer reduction. The intended use of Buckhorn Village will provide an architecturally/landscaped controlled site, thus not requiring a visual screen. Attached are exhibits depicting a before and after cross section, our plan view of requested buffer breaks, and some superimposed images depicting the current view from the interstate and a mock view of the future condition. i ~ ~; 1. , ~ ,,,:, 1 ~: - r 'o . ~ _ t :~~ l ~i _.._------- _ -- ."„ ~'' 1 . -•--•- ~ ~ o .~. ,t ~ / 'w 1 . t ::ib -~ ts~ ~, :.G a w ~ m ef~m ? 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Q tts U C O U i Q~ 0 0 ~C7 N -~, t0 .~ O 4 Q N QQ lU i 'Q .., N U O U M c 0 0 c .~ a~ p C. ~ ~ e® ~P ®$ 6~ ~,\ ~ /~ ~ , ~ ~ ~~ g 0 0 D - Qt~021 N~MIJ(19 ~~ ~j N Np ~~ ~~~ N t~ ~~~ ~N N~ ~~~~ ~z ~.zN ~~N~ ~~~ w~~ z_ _ ~ ~ ~ ~ IL.IC~~~r N 4NN02f NI~L~-M~fk~ 4. Site Volume Ratio (SVR): A calculation designed to compare. the total anticipated development of a parcel of property with the amount of natural or open space that shall remain or that is proposed for development on a parcel of property. From a practical standpoint, this ratio is equal to the difference between the LVR and the BVR. The formula for calculating~the SVR is as follows: SVR = ILVR - SVR Section 2.3 Land Use Intensity establishes the following minimum Site Volume Ratios for developments within the various Economic Development Districts: Minimum 1.2equired Site'6Volulne IZatios~* Required SVR Primary, Primary I, Primary Overlay, and Land Use ~ Secondary Areas Prim ary II Areas Residential 2.0 3.0 Office/Institutional 2.0 3.0 Service/Retail 1.0 2.0 Flex Space . 1.0 2.0 Distribution/Wholesale 3.0 4.0 Industrial 1.0 2.0 In order to develop a parcel of property, compliance with.the minimum SVR has to be demonstrated. ISSUE: In reviewing the development of this site, the applicant identified the. following practical limitations in adhering to this system:, 1. Buckhorn Village is proposing to be a mixed use development proposing a myriad of different land uses in an effort to provide a broad spectrum of services to local residents, including: residential, office/institutional, service/retail, and wholesale trade, 2. Development will occur within three (3) individual districts all approximately forty (40) acres in area, 3. Each district has been designed to have a mixture of the uses outline above, with residential development being proposed for location within Districts II and III, 4. Each of the proposed land uses has a different Site Volume Ratio (SVR) requirement from the other. For example, wholesale trade land uses (i.e. sale of automotive parts, sporting goods, hardware, pharmaceuticals and cosmetics, apparel, groceries, etc) require a SVR of Three (3) while service and retail land uses (i.e. hotels/motels, beauty and barber shops, `_ . theaters, dry cleaning, professional offices, and the. sale of durable goods) require a SVR of One (1). As we are proposing a mixed use development that will see the clustering of these types of uses within a single district, and maybe even in a single building, it becomes impossible for the applicant to demonstrate compliance with the SVR component of the EDD Manual. While we may meet one (1) ratio for a given land use, we may not be able to meet the other. 5. ' It is not practical to break-up and define the physical parking, loading, and storage areas for each individual use as we are proposing shared parking, loading, and storage areas for tenants in an effort to minimize the need for expansive parking and paved areas. This is being done to preserve as much of the existing landscaping on the property as well as reduce the overall amount of impervious .surface area we need to install for parking, roadways, etc. There is no method within the EDD Design Manual to take into account the provision of shared facilities (i.e. parking, loading, etc) to reduce the need for individual parking areas or loading areas when calculating the SVR, 6. The existing methodology for calculating the Building Volume Ratio (BVR) is outdated with respect to several assumptions made within the formula. According to the EDD Design Manual, when calculating the BVR there is a an assumption built into the formula in calculating the traditional floor area ratio of 1.0, which has been deemed to be the equivalent to a building covering an entire parcel of property. A constant, ten (10) feet, is included in the formula for the calculation of BVR to provide a similar basis for comparison with the classic floor area ratio: Example: A BVR Of 1.0 is equivalent to a building covering the entire site at a height often (10) feet. Our concern over the existing methodology is that the current constant of ten (10) feet is not reflective of the typical building height for non-residential development. Building heights can vary from fifteen (15) feet to twenty-fpur (24) feet depending on the proposed use of the structure and the various architectural elements proposed for the inclusion within the structure. The average retail structure has a building height of fifteen (15) feet with larger retail outlets (i.e. Target, Wal-Mart; etc) being larger still. The existing formula for calculating BVR has not been updated in almost fifteen (15) years to reflect changes in architectural style or the need to have buildings over ten (10) feet in height, 7. As we are already required to preserve thirty percent (30%) of the site as open space, we believe that our proposed Maximum Floor Area Ratio of .30 acid Maximum Building i ~ ~, ~,i~ BUCKHORN VILLAGE PLANNED DEVELOPMENT -STAFF RECOM~~NDATION: I. REZONING -ARTICLES TWENTY (20) AND SEVEN ('7): REZONING SECTION -OUTLINE: This Section is broken down as follows: 1. Staff background and comment: Pages one (1) through four (4) 2. Staff Recommendation -Rezoning Petition: Page four (4) 3. Staff justification for recommendation: Pages four (4) through twelve (12), and 4. Explanation of Planning Board action: Page twelve (12) APPLICANT REQUEST: The applicant is requesting that the property(s) be rezoned: FROM: Economic Development District (I-85Buckhron Road EDD) TO: Buckhorn Village Planned Development - Economic Development District (BVPD-ED) STAFF BACKGROUND AND COMMENT: The processing of the rezoning request is handled in accordance with the .provisions of Article Twenty (20) Amendments of the Ordinance. As part of the review of this request, the Zoning Officer is required to cause an analysis to be made of the application, and based upon that analysis, prepare a recommendation for consideration of the request to the Planning Board and Board of County Commissioners. Additionally Article Twenty (20) of the Ordinance and North Carolina General Statutes, specifically 153A-341, requires that the review of any and all Zoning Atlas and/or Text amendments by the Planlung Board include written comments on the consistency of the proposed amendment with the Orange County Comprehensive Plan and any other relevant plans (i.e. Small Area Plan, a corridor plan, a transportation plan, etc.) that have been adopted by the governing board. Further, as this is a Planned Development rezoning. request, the staff is required to make a recommendation on the appropriateness of the request based on criteria outlined within Section 7.5.4 Zoning Officer's Recommendations, specifically: (a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; (b) As to relation to raaajor roads and mass transit facilities, utilities arzd other facilities and services; (c) As to the adequacy of evidence on unifzed control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, 1 or other instruments, or the need for such instruments, or for amendments in those proposed; ' (d) As to the suitability ofplans proposed or the desirability'of amendments; (e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met. to at least an equivalent degree by such modifications. Subsections (d) and (e) address elements of the proposal that are connected with the review of the Special Use Permit portion of the application. As a result they will be outlined with that portion of this recommendation. The planning board is required by statute to advise and comment on whether the proposed amendment is consistent with the County's adopted Comprehensive Plan and any other officially adopted plan(s) that are applicable. The planning board is also required by statute to provide a written recommendation to the BOCC that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the plaimilig board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the BOCC. It should be remembered that a negative finding by the Planning Board does not preclude the BOCC from adopting the amendment. Prior to adopting or rejecting any zoning amendment, the BOCC is required to adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers'the action taken to be reasonable and in the public interest. CHART, TABLE OR DEMONSTRATION: The following chart outlines the submittal requirements for a rezoning request: ORDINANCE REQUIREMENT COMIYLENT: Section 20.2: Amendment Initiation: An On December 21, 2007 Buckhorn Road Associates LLC submitted an amendment to this Ordinance may be application requesting the rezoning of the subject property as detailed initiated by: herein. 1) The BOCC, 2) Planning Board, 3) Application by any person or agency 2 Section 20.3.1: Application submitted to The application contained all. submittal requirements, including the Zoning Officer: Three (3) total copies correct number of copies, and the appropriate fee per the adopted are submitted to the Zoning Officer for Orange County Fee Schedule. processing Section 20.3.1: Zoning Officer to verify The Planning Director reviewed the applications and determined, if application is deemed to be complete through an official letter dated January 7, 2008, that the application was and notify applicant of an accepted, or deemed to be complete in accordance with the various provisions of the rejected, application. Ordinance. Section 20.3.2: Contents of Application: Rezoning applications are required to contain the following information, if they are applicable to the request: a) A fully dimensioned map at a A fully dimensioned map and legal description was contained within scale of not less that one hundred the submitted application (100) feet to the inch showing the land which would be covered by the proposed Zoning Atlas amendment, and a legal description of the land. ' b) Amendments to the Zoning This provision is not applicable. The applicant is not proposing to Ordinance text are required to amend existing regulatory standards. provide a copy of the text provision that the applicant The proposed `design solutions' are only intended to impact the proposed to amend and a written development of this project consistent with the rezoning request. They statement describing in detail the are handled under the review of the Special Use Permit portion of the changes that the applicant application. proposed to make c) A request to amend the Zoning This provision is not applicable. The applicant is not alleging an error Atlas and/or text to correct an in either the Zoning Atlas or Ordinance. error shall be accompanied with an explanation demonstrating how the error occurred. d) That changing conditions in the This provision is not applicable. The applicant is not alleging that this area or in the County generally change is being necessitated due to changing conditions in the County makes the Zoning atlas and/or or that the request is based on a public welfare need. text amendment reasonably necessary to the promotion of the public health, safety, and general welfare. e) The manner in which the The application, specifically Chapter One (1) Introduction (pages one proposed Zoning Atlas (1) through nine (9) of the application) contain an explanation of how amendment request will `carry the request is consistent or carries out the intent and purpose of the out the intent and purpose of the adopted Comprehensive Plan adopted Comprehensive Plan, or part thereof `. f) A traffic impact study as The application includes a Traffic Capacity Analysis completed by required by Article Thirteen (13) ARCADIS, an engineering firm based out of Raleigh, North Carolina, within Appendix D as required by Article Thirteen (13) of the Zoning Ordinance. g) All other circumstances, factors, The application contains various rationales for justifying the submitted and reasons that the applicant request offers justifying the request. STAFF RECOMIV~NDATION -REZONING PETITION: Per Section 20.3.3 and Section 7.5.4 subsections (a), (b) and (c) of the Ordinance, staff recommends APPROVAL of the rezoning request upon the following findings: 1. Staff has deteinlined that the applicant has complied with all applicable submittal requirements as detailed within Section 20.3.2 of the Ordinance for the submission of a rezoning request, specifically: a. Per Section 20.3.2 (a) of the Ordinance the applicant provided: ` a fully dimensioned map at a scale of not less than one hundred feet to the inch showing the land which would be covered by the proposed Zoning Atlas amendment, and a legal description of the land', A map, to the required scale, and a legal description of the land subject to the rezoning request were submitted as part of the application package. b. Per Section 20.3.2 (e) of the Ordinance the applicant provided: `The manner in which the proposed Zonitag Atlas amendment and/or Zoning Ordinance text amendment will . 1 carry out the intent and purpose of the adopted Comprehensive Plan or part thereof'. 4 The narrative of the application details how the rezoning request is consistent with the overall. intent and purpose of the existing zoning district and Comprehensive. c. ~ Per Section 20.3.2 (f) of the Ordinance the applicant provided: ` A Traff-c'c Impact Study as required by Article 13 '. The study is contained within the application, specifically Appendix D, The Orange County Growth Management System. d. Per Section 20.3:2 (g) of the Ordinance the application provided: `All other circumstances, factors, and reasons which the applicant offers i~z support of the proposed Zoning Atlas and/or Zoning Ordinance text amendment. As previously indicated, the application contains various `circumsta~zces, factors, and reasons' submitted by the applicant offered in support of the requested rezoning application. 2. With respect to the required findings in Section 7.5.4 of the Ordinance: (a) As to the suitability of the proposals for the genefal type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; Staff has reviewed the application and makes the following findings: i. That the property(s) subject to the rezoning request are suitable for development as a Planned Development, ii. That the physical characteristics of the subject property(s) allow for the development of such a project, iii. That the project is similar to surrounding developments, and iv. That the project is consistent with the overall intent and purpose of the Land Use Category, as defined within the Comprehensive Plan, for the area as well as the existing Economic District zoning designation (b) As to relations to major roads and mass h•ansit facilities, utilities and other facilities and services; Staff has reviewed the application and makes the following findings: i. The rezoning request would allow for the development of property(s) that are properly situated and located to be served by existing major roads and mass transit facilities, ii. That the rezoning request is for property(s) that is located in an area where the necessary utility infrastructure is available to support the proposed development. 5 (c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; Staff has reviewed the application and makes the following findings: i. That the rezoning application contains sufficient documentation indicating that the development will be under .unified control guaranteeing the development of the property consistent with the proposed rezoning. In rendering this decision, staff relied on the following: (a) Staff has determined that the rezoning request is consistent with the adopted Growth Management System. In 2003 the Orange County Board of Commissioners adopted the Growth Management System to serve as an implementation tool of the Comprehensive Plan. This system breaks the County into `Urbanizing' and `Rural' areas in an attempt to direct appropriate levels of growth throughout the region. This project is located in an area that was designated as `Urbanizing' meaning that the land is intended to be developed at urban densities and/or intensities given the possible provision of public infrastructure (i.e. water and sewer). The applicant indicates within. the request, specifically Chapter Four (4) Utilities and Other Public Services (pages forty-seven (47) through forty-eight (48)) that water and sewer lines will be extended, by the developer, to serve the utility needs for the project. As these services will be provided, the rezoning request seeking to develop this property at an `urban density' is deemed to be consistent with established policies. (b) Staff has determined that the rezoning request is consistent with the Orange County Comprehensive Plan, specifically: i. The Orange County Comprehensive Plan -Section 2.6 Transportation: Buckhorn Road (SR 1114) is a State maintained road identified as a Collector road within the Comprehensive Plan. A Collector road is defined by the following criteria as outlined within Section 2-6 Table 1 of the Comprehensive Plan: Connects local roads and residential areas to the arterial system. Complements the arterial system in forming the basic road network with any significant tall c carrying importance. Connects major generators or small towns not on the arterial system. Typically shorter in length with closer spacing than arterials interfaces with urban minor arterials or collectors Buckhorn Road serves as a north/south connector for several smaller, arterial and local roadways, to major thoroughfares within the County (i.e. Interstate 85/40). Buckhorn Road will be serving as a `compliment' to the existing arterial roadway j 6 system with the area by allowing for the channeling of traffic to and from the proposed development site. Given the proposed improvements to Buckhorn Road, as detailed within the application, staff has determined that the anticipated traffic impact that would result from the approval of the rezoning application will be consistent with the standards of the Comprehensive Plan. ii. The Orange County Comprehensive Plan -Section 3.3 -Description of Transition Area: Staff has verified that the property(s) subject to the rezoning request are located within. a 10-Year Transition Area as delineated on the Orange County Land Use Element Map (hereafter `LUEM'). The 10-Year Transition area is defined as follows within Section 3.3 Land Use Plan Categories of the Comprehensive Plan: ~~ Land located in areas that are in the process of changing from rural to. urban densities and/or intensities, that are suitable for higher densities and/or intensities, and could be provided with public utilities and services within the first 10 year phase of the Plan update or where such utilities and services are already present or plan~aed. Non-residential uses implemented i~z accordance with small area plans and/or overlay districts may be appropriate. The property(s) subject to the rezoning application are located within the 10-Year Transition area as delineated on the LUEM and are located within an area that has already been designated as suitable for `urban-type' densities where it is anticipated that public utilities and .services are to be provided as further delineated within the County's Growth Management System as referenced within subparagraph (a) of this Section. iii. The. Orange County Comprehensive Pian -Section 3.3 -Description of an Economic Development Activity Node: Staff has verified that the property(s) subject to the rezoning request are located within ~an Economic Development Activity Node as outlined on the LUEM. According to Section 3.3 La~zd Use Plan Categories, the Economic Development Activity Node is defined as: Land in Transition areas of the .County which has been specifically targeted for eco~aomic development activity consisting of light industrial, distributio~z, office, service/retail uses, and flex space (Typically one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations.). Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. Staff has determined that this proposal is consistent with the intended development activity as outlined within the Comprehensive Plan for property(s) located within the Economic Development Activity Node 7 iv. The Orange County Comprehensive Plan -Section 3.4 - Locational Criteria: As referenced within Section 3.4 of the Comprehensive Plan, applying Land Use Element Categories includes: `making decisions about the most appropriate distribution of land uses throughout the County'. In evaluating the specific locations for various Land Use Element Categories, including Transition Areas and Economic Development Activity Nodes, the Comprehensive Plan established various criteria to `evaluate the suitability of certain locations to contain various land uses'. Those criteria used to established acceptable location(s) for Transition Areas were as follows: Land Slope. No significant slope or topography problem that would unreasonably increase the cost of extending water and sewer lines. Hydrolo~. Located outside of 100 year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal governme~at. Soil Conditions. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load bearing capacity for site development. Public Services/Utilities. Located in areas which are or could be reasonably and eff ciently served by centralized public services and utilities. Tran~ortation S sy tenz. Located in areas that have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdiction. Energy Use. Located within less than a S minute commuting time from small-scale commercial uses and a 5-10 minute commuting time from major commercial uses or mz Urban area. Existing; Land Use. Located in areas which are in transition from rural or low-de~asity uses to urban or higher density uses. Agriculture and Forestry. Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. Population Density. Located in areas with moderate to high population densities. S Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic-cultural sites or County identified Public Interest Areas. Staff has determined that this proposed rezoning request would allow for the development of the property is a manner consistent with the rationale utilized by the County in determining the appropriate location for Transition Areas when the Comprehensive Plan was initially adopted. v. The Orange C®unty Comprehensive Plaa~ - Section 3.5 - ]Land TJse Ooals: Staff has determined that the proposed rezoning request is consistent with several existing goals and policies outlined within Section 3.5 Larzd Use Gaals of the Comprehensive Plan, specifically: vi. GOAL FIVE: Tlie management of growth so that is directed to areas where growth is desirable and can be accommodated. This area, as previously indicated, is located: l . Within an identified Economic Development Activity Node, 2. Is located within a previously established water/sewer boundary service area, 3. Is adjacent to major transportation corridors (i.e. Interstate 85 and Highway 70), . vii. GOAL SIX: The promotion of economic development which emphasizes employment meeting local needs while preserving the character of conzrnunities and protecting the natural environment. Staff has determined that this proposal attempts to preserve as much of the existing topography and natural aspects of the property that are feasible given the scope and size of the project. Through this proposal we also go to great lengths to maximize available open space and to include `pocket parks' throughout the project in an effort to provide green space for tenants and visitors to make use of. viii. The Orange County Comprehensive Plan -Section 3.8 Cheeks Township Plan: Within the Comprehensive Plan there are individual township plans intended to further outline acceptable levels of development within the County. The property in question is listed within. the Cheeks Township Plan as being suited for development consistent with the Economic Development .Activity Node as defined herein. Staff has determined that the rezoning of this property, as requested, is consistent with the Cheeks Township Plan as detailed within the Comprehensive Plan. ix. The Orange County Comprehensive Plan -Economic Development Element: Staff has determined that the proposed rezoning request is consistent with additional goals have been approved with respect to the Economic Development Element, specifically: 9 Overarching Goal: '~ Viable and sustainable commercial development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. (BOCC Principles 1, 2, and 7) Goal 1 Public-private sector partnerships that create a .stronger business climate. (BOCC Principles 1, 2, 5, and 7) Goal 2 Infrastructure that supports desired development. (BOCC Principles 1, 2, 3, 7, and 8) Goal 3 Effective systems to train and support residents and those who work in Orange County. (BOCC Principles 1, 2, 7, and 8) Goal 4 Partnerships that ensure the county remains a great place in which to live and work. (BOCC Principles 1-3, 7, and 8) (c) Orange County Water and Sewer Management Planning and Boundary Agreement: Staff has determined that the proposed rezoning request is consistent with the existing Water and Sewer Management Planning and Boundary Agreement (WASMPBA) as contained in Appendix G of the Comprehensive Plan. As previously indicated .this area is located within The County's Transition Area. and within an Economic Development Activity Node. The area in question is also located within an identified Orange County Primary Service Area per the Water and Sewer Management Planning and Boundary Agreement. This agreement is between the County and various utility providers (i.e. the Town's of Chapel Hill, Carrboro, Hillsborough, the City of Mebane, OWASA, and Orange Alamance) identifying areas that will be served through public utility systems. Staff has determined that the rezoning request, if approved, will further these additional goals. 10 In consultation with the County Engineer and the City of Mebane, water and sewer services can be provided to support this project. The applicant will be required to make modifications to existing service lines in order to accommodate the proposed development. This information is referenced within. the applicants Utility Master Plan contained within the project narrative. Staff has determined, based on all the information referenced. herein, that this area is intended for service by a public utility system and that the proposed rezoning application only allows for the development of the property consistent with the established water/sewer boundary agreement. (d) Road way improvements and mass transit facilities: The application for the rezoning contains a Traffic Impact Analysis in Appendix D. This study has identified numerous roadway improvements that will have to be completed by the applicant prior to any commercial operation commencing on the property. The applicant is also proposing to develop buss stops facilities on the property to make the project assessable to mass transit. Staff has determined that the information is sufficient to make a positive recommendation, finding that the project will be accessible from major roadways and have suitable access from mass transit. (e) Adequacy of evidence of unified control: Chapter Six (60 Ownership and Management of the project narrative (pages fifty-one (51) through fifty-two (52)) establish the parameters that will govern the development of this project. The applicant is proposing to establish deed restrictions on the development of the project to require compliance with all proposed design elements and standards as contained within the application. The applicant is also proposing to post any and all necessary bonds or letter of credit to ensure any required improvement to existing infrastructure (i.e. roadway or utility improvements) will be completed in order to allow for the development of the property. Given these steps, and the fact that the project will require the issuance and recordation of a Special Use Permit, staff finds that there is sufficient documentation available demonstrating the that the proposed rezoning request will allow for the development of a project that is under unified development control. Further analysis of this provisions will be proved within the Zoning Officer's findings and recommendations concerning the issuance of the Special Use Permit. PLANNING BOARD ACTION -REZONING REQUEST: As previously indicated, the Planning Board is required to include written comments on the consistency of the proposed amendment with the Orange County Comprehensive Plan and any other relevant. plans (i.e. Small Area Plan; a corridor plan, etc.) that have been adopted by the governing board. 11 This statement is required to indicate that the proposed rezoning request is or is not consistent with ~- anadopted comprehensive plan or other similar documents. This statement must also explain why the Planning Board believes that the action taken is reasonable and in the public interest. In using staff's recommendation as an example, the Planning Board would vote on a motion approving the rezoning request making similar findings ,and conclusions. A vote recommending denial will also have to outline similar. findings and conclusions justifying the rejection of the application, outlining why the denial is reasonable, and in the public interest. r 12 II. SPECIAL USE PEJB:MIT: APPLICANT REQUEST: The applicant is requesting that the County issue a Class A Special Use Permit (hereafter `SUP') allowing for the development of a Planned Development project on the subject property(s) consistent with the requirements of Article Seven (7) Planned Development and Article Eight (8) Special Use Permits of the Ordinance. SUP SECTION -OUTLINE: This Section is broken down as follows: 1. Staff background and comment: Pages thirteen (13) through fourteen (1'4) 2. Staff Recommendation -SUP Application: Page fifteen (15) through sixteen (16) 3. Staff justification for recommendation: (a) Design Solution One: (b) Design Solution Two: (c) Design Solution Three: (d) Design Solution Four: (e) Design Solution Five: (f) Design Solution'Six: (g) Design Solution Seven: (h) Design Solution Eight: (i) Design Solution Nine: (j) Design Solution Ten: (k) Design Solution Eleven: (1) Design Solution Twelve: (m)Design Solution Thirteen: (n) Design Solution Fourteen: 4. Explanation of Planning Board action: STAFF BACKGROUND AND COI\~IlVIENT: Beginning on page sixteen (16) Pages seventeen (17) through eighteen (18) Pages nineteen (19) through twenty-five (25) Pages twenty-six (26) through twenty-seven (27) Pages twenty-eight (28) through twenty-nine (29) Pages thirty (30) through thirty-two (32) Page thirty-three (33) Page thirty-four (34) Pages thirty-five (35) through thirty-six (36) Pages thirty-seven (37) through thirty-eight (38) Page thirty-nine (39) Pages forty (40) through forty-two (42) Pages forty-three (43) through forty-five (45) Pages forty-six (46) through forty-eight (48) Pages forty-nine (49) through fifty (50) Fifty-one (51) As you are already aware from previous correspondence, Buckhorn Road Associates LLC (hereafter `applicant') has submitted an application proposing the development of a phased, unified commercial center on several parcels of property along Buckhorn Road. x The project is classified as a Planned Development due to the following conditions specific to the proposal: 13 1. The project is proposed to be under unified control and to be' planned and developed as a / whole; Staff Comment: This requirement is outlined within Section 7.2 (a) of the Ordinance 2. The development is proposed to be developed as a single development, including the installation of all necessary infrastructure, for all of the property referenced for the project; Staff Comment: This requirement is outlined within Section 7.2 (b) of the Ordinance 3. The application indicates that the provision, operation and maintenance of landscaped and open space areas, parking facilities, individual buildings, and street/sidewallc improvements will be for common use by the occupants of the district and will not be maintained at general public expense; Staff Comrne~zt: This requirement is outlined within Section 7.2 (e) of the Ordinance 4. The proposed use of property is required to be reviewed and .approved as a Planned Development in accordance with Section 2.2 Table of Permitted Uses of the Orange County Economic Development District Design Manual; and 5. The applicant has requested to deviate from specific provisions of the Orange County Economic Development District Design Manual, specifically proposing fourteen (14) design solutions that replace existing regulatory standards. Staff Comme~zt: This requirement is detailed within Section 7.21.1 PD-ED District: Definition and Intent of the Ordinance. Ultimately, this project is a Planned Development due to: 1. The applicant's desire to deviate from fourteen (14) of the individual design standards established within the Economic Development Design Manual. As a result a Planned Development application is required per Section 7.21.1 of the Ordinance, 2. The Table of Permitted Uses of the Economic Development Design Manual defines the proposed use as a Planned Development project, specifically: `Retail trade, sales and rental of durable- and convenience goods, merchandise, and equipment, including mail order houses, in a separate, free-standing building'. As we have multiple, independent, principal land uses in multiple structures, rather than ali uses located within an enclosed single building (i.e. a mall) this request has to be processed as a SUP, and 3. The proposed development would be under unified control with common use and maintenance responsibility for all parking areas, internal streets and pedestrian paths, and buffer/open space. 14 STAFF RECONIlVILNDATION -SUP APPLICATION: Per Section 7.5.4 and .Article Eight (8) of the Ordinance, staff recommends APPROVAL of the SUP request upon the following findings: SECTION 7.5.4 (a), (b), (c): (a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; For purposes of the SUP application, staff makes the following findings with regard to the request: i. That the property(s) subject to the rezoning request are suitable for development as a Planned Development, ii. That the physical characteristics of the subject property(s) allow for the development of such a project, iii. That the project is similar to surrounding developments, and iv. That the project is consistent with the overall intent and purpose of the Land Use Category, as defined within the Comprehensive Plan, for the area as well as the existing Economic District zoning designation (b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; For purposes of the SUP application, staff makes the following findings with regard to the request: i. That the approval of the SUP request would allow for the development of property(s) that are properly situated and located to be served by existing major roads and mass transit facilities, ii. That approval of the SUP request is for property(s) that is located in an area where the necessary utility infrastructure is available to support the proposed development. (c) As to the adequacy of evidence on unified control a~zd the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; For purposes of the SUP application, staff malces the following findings with regard to the request: i. That the rezoning and SUP application contains sufficient documentation indicating that the development will be under unified control guaranteeing the development of the property consistent with the proposed rezoning and SUP application. On making an affirmative finding, with respect to these three (3) requirements, staff relied on the following information: 15 a. The Buckhorn Village Economic Development Planned Development application, ~, prepared by Summit Consulting and Scott T. Murray Incorporated, outlining the nature of the project, b. The sworn testimony, as outlined within the minutes of the QUARTERLY PUBLIC HEARINGS, dated February 25, 2008 and April 1, 2008 of: • i. The applicants, namely: Rosemary Waldorf, Roger Perry, and George Dorton ii. The consultants, namely: 1. Summit Consulting Firm (Jim Parker, Tracy Parrott) 2. Scott T. Murray Incorporated (Scott Murray) 3. Gel Group -Environmental Consultants (Bob Miller) 4. Arcadis -Traffic Engineering Firm (Tyson Graves) iii. Planning staff, iv. The Board of County Commissioners and the Planning Board, and v. Members of the general public. c. -The applicant's response to questions asked during the PUBLIC HEARINGS dated March 19, 2008 and Apri130; 2008, d. The Orange County Zoning Ordinance, e. The Orange County Economic Development Design Manual, and. f. The Orange County Comprehensive Plan. Please refer to the information outlined under Section I Rezoning for a detailed breakdown of the various Ordinance and Comprehensive Plan sections utilized in making the our recommendation. SECTION 7.5.4 (d) and (e): The remaining required findings contained within Section 7.5.4 are as follows: (d) As to the suitability of plans proposed or the desirability of amendments; (e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other In making a recommendation of these items, please accept the following analysis of the fourteen (l4) proposed design solutions as contained within the application: DESIGN SOLUTION ONE. (1) as outlined on page fifteen (15) of the application reading as follows: `The applicant requests a waiver from Section 2.2 of the EDD Design Manual' 16 The applicant is requesting the ability to allow for multi-family .residential condominiums/apartm.ents within Districts II and III of the project. Currently, multi-family residential land uses are not listed within the Economic Development Primary (ED-P) zoning district, which the subject property is currently zoned. STAFF BACKGROUND AND COMMENT: As argued by the applicant during the various public hearings, and referenced within the submitted application, successful main street style developments are vibrant mixes of commercial businesses, professional offices, and residential lofts with second or third floor residential as key component. Not only do the resident units supply abuilt-in market for the commercial and office businesses located within a particular development, they offer informal after hours security and stability. This concept is complimentary to the "Main Street" design approach that the applicant is proposing. District II reflects the national Main Street approach, which advocates a return to community self- reliance and local empowerment of traditional commercial districts based on their unique assets, namely: a. Distinctive architecture, b. Apedestrian-friendly environment, and c. A sense of community. In. reviewing the appropriateness of this Design Solution, staff researched and discovered the following: 1. The Pilot Version of the United States Green Building Council (USGBC) Leadership in EneYgy and Environmental Design fo~~ Neighborhood Development rating system confers points to mixed use projects containing residential floor area representing at least twenty-five percent (25%) of the total building square footage. This emphasis on mixed uses with a residential component will also encourage walkable, pedestrian-oriented street environments, reduced automobile dependence, and better security after business hours (or "eyes on the street"). Staff believes that Buckhorn Village is an example of Smart Growth planning principles because it supports or provides for: a. Integration of mixed land uses into communities as a critical component of achieving better places to live, b. Provision of quality housing for people of all income levels, and c. Walkable environments, which create desirable places to live, work, and play. Because the proposed location is in a economic development node, is compatible with proven "Main street" design concepts, advocates for LEED mixed use design, espouses several Smart Growth principles, and is compatible with at least seven (7) planning objectives listed in the public hearing draft 2030 Comprehensive Plan, Staff supports the waiver request and believes that allowances ought to be made to allow for multi-family, condominium style, residential development to occur on the property in keeping with the "Main Street"/town center theme of District II. Staff is also supportive of the proposed multi-family development within District III for the same reasons. 17 CHART, TABLE OR DEMONSTRATION: NONE STAFF RECOMMENDATION: Staff recommends approval of Design Solution One (1) and believes that allowances ought to be made to allow for a small portion (accommodating 200 dwelling units) of multi-family, condominium style, residential development to occur on the property in keeping with the downtown/town center theme of District Ii. Staff is also .supportive of the proposed multi-family development within District III. 18 DESIGN ALTERNATIVE TWO (2) as outlined on page fifteen (15) of the application reading as follows: `The applica~zt requests a waiver from Section 2.3 Land Use Intensity-Building, Landscaping, and Site Volume Ratios' The applicant is requesting that the existing composite ratio methods established within the Design Manual be replaced with a `floor area ratio' and `maximum building height' ].imitation to control land use intensity. The applicant is proposing a maximum floor area ratio of point thirty (.30) and a maximum building height of six (6) stories. In supporting this request, the applicant has submitted the following rationale: The Orange County Economic Development Manual currently employs a composite ratio system to regulate the overall development of a parcel of property within an Economic Development district. This ratio is comprised of the following individual elements: 1. Impervious Surface Ratio (ISR): A calculation identifying the proportion of a site covered by any surface or material that impedes or prevents the natural ix~iltration of water into the soil. Buildings, sidewalks, driveways, parldng/loading areas, and exterior storage areas (paved and/or unpaved) are all examples of impervious surfaces. 2. Building Volume Ratio (BVR): A calculation identifying the portion of a site devoted to support a building, parking, loading, and exterior storage area intended to support a proposed land use. The formula for calculating the BVR is as follows: BVR = (VB +VP + VL + VE) / 10 A Where: BVR =Building volume ratio VB =Volume of building(s) VP = Volume. of parking areas VL =Volume or loading areas VE =Volume of exterior storage A =Site or lot area 10 =According to the Manual, this is the constant built into the formula taking into account a standard building, covering an entire site, that is ten (10) feet in height. 3. Landscape Volume Ratio (LVR): A calculation identifying the total volume of trees, shrubs, buffers, and berms (either existing or installed) compared to the total size of the lot being developed. The formula for calculating the LVR is as follows: 19 A Where: VT =Volume of trees VB =Volume of berms A =Site or lot area 10 =According to the Manual, this is the constant built into the formula taking into account an e~sting property with vegetation, covering an entire site, that is ten (10) feet in height. 4. Site Volume Ratio (SVR): A calculation designed to compare the total anticipated development of a parcel of property with the amount of natural or open space that shall remain or that is proposed for development on a parcel of property. From a practical standpoint, this ratio is equal to the difference between the LVR and the BVR. The formula for calculating the SVR is as follows: SVR = LVR - SVR Section 2.3 Land Use Intensity establishes the following minimum Site Volume Ratios for developments within the various Economic Development Districts: Minimum Required Site Volume Ratios** Primary, Primary I, Primary Overlay, and Land Use Secondary Areas Primary II Areas Residential 2.0 3.0 Office/Institutional 2.0 3.0 Service/Retail ~ 1.0 2.0 Flex Space 1.0 2.0 Distribution/Wholesale 3.0 4.0 Industrial 1.0 2.0 In order to develop a parcel of property, compliance with the minimum SVR has to be demonstrated. r 20 ISSUE: In reviewing the development of this site, the applicant identified the following practical limitations in adhering to this system: 1. Buckhorn Village is proposing to be a mixed use development proposing a myriad of different land uses in an effort to provide a broad spectrum of services to local residents, including: residential, office/institutional, service/retail, and wholesale trade, 2. Development will occur within three (3) individual districts all approximately forty (40) acres in area, 3. Each district has been designed to have a mixture of the uses outline above, with residential development being proposed for location within Districts II and III, 4. Each of the proposed land uses has a different Site Volume Ratio (SVR) requirement from the other. For example, wholesale trade land uses (i.e. sale of automotive parts, sporting goods, hardware, pharmaceuticals and cosmetics, apparel, groceries, etc) require a SVR of Three (3) while service and retail land uses (i.e. hotels/motels, beauty and barber shops, theaters, dry cleaning, professional offices, and the sale of durable goods) require a SVR of One (1). As we are proposing a mixed use development that will see the clustering of these types of uses within a single district, and maybe even in a single building, it becomes impossible for the applicant to demonstrate compliance with the SVR component of the EDD Manual. While we may meet one (1) ratio for a given land use, we may not be able to meet the other. 5. It is not practical to break-up and define the physical parking, loading, and storage areas for each individual use as we are proposing shared parking, loading, and storage areas for tenants in an effort to minimize the need for expansive parking and paved areas. This is being done to preserve as much of the existing landscaping on the property as well as reduce the overall amount of impervious surface area we need to install for parking, roadways, etc. There is no method within the EDD Design Manual to take into account the provision of shared facilities (i.e. parking, loading, etc) to reduce the need for individual parking areas or loading areas when calculating the SVR, 6. The existing methodology for calculating the Building Volume Ratio (BVR) is outdated with respect to several assumptions made within the formula. According to the EDD Design Manual, when calculating the BVR there is a an assumption built into the formula in calculating the traditional floor area ratio of 1.0, which has been deemed to be the equivalent to a building covering an entire parcel of property. A constant, ten (10) feet, is included in 21 the formula for the calculation of BVR to provide a similar basis for comparison with the classic floor area ratio: Example: A BVR Of 1.0 is equivalent to a building covering the entire site at a height of ten (10) feet: Our concern over the existing methodology is that the current constant of ten (10) feet is not reflective of the typical building height for non-residential development. .Building heights can vary from fifteen (15) feet. to twenty-four (24) feet depending on the proposed use of the structure and the various architectural elements proposed for the inclusion within. the structure. The average retail structure has a building height of fifteen (15) feet with larger retail outlets (i.e. Target, Wal-Mart, etc) being larger still. The existing formula for calculating BVR has not been updated in almost fifteen (15) years to reflect changes in architectural style or the need to have buildings over ten (10) feet in height, 7. As we are already required to preserve thirty percent (30%) of the site as open space, we believe that our proposed Maximum Floor Area Ratio of .30 and .Maximum Building Height of Six (~ stories is consistent with the purpose and intent of the Land Use ,Intensity requirements given the following: a. We are proposing a Floor Area Ratio that is less than the existing constant built into the various formulas (i.e. we are going to have less building footprint as we are .going to have multiple floor buildings with multiple land uses), b. By using the proposed Floor Area Ratio methodology we are taking into consideration the use of shared parking facilities and infrastructure as well as the clustering of these various proposed land uses to avoid the need for large amounts of impervious surface area, c. Utilizing Floor Area Ratios as the methodology for calculating acceptable building area actually reduces the total building footprint by allowing the developer to go vertical with a multiple floor building housing individual land uses. The existing process does not recognize the benefit of having a reduced building footprint by having land uses on multiple floor of a building. 8. Our various calculations, using the Site Volume Ratio (SVR) methodology indicate the following: a. District I: i. Landscape Volume Ratio: 20,000,000 square .feet of landscape area or a LVR of 1.093 (this includes existing vegetation that will be preserved and proposed new landscaping as outlined within the application) ii. Building Volume Ratio: 1$5,000 square feet of building area, 22 475,000 square feet of parking, loading, and storage area Total BVR of .028 iii. SVR =1.065 iv. This analysis is based on service/retail uses only. If you add Office/Institutional .uses it becomes impossible to properly calculate the SVR ratio. b. District III: i. Landscape Volume Ratio: 23,242,000 square, feet of landscape area or a LVR of 1.11 (this includes existing vegetation that will be preserved and proposed new landscaping as outlined within the application) ii. Building Volume Ratio: 440,000 square feet of building area, 550,000 square feet of parking, loading, and storage area Total BVR of .052 iii. SVR =1.058 iv. This analysis is based on service/retail uses only. If you add Office/Institutional uses, Wholesale uses, or residential uses it becomes impossible to properly calculate the SVR ratio. c. We cannot complete an analysis of the proposed development of District II given the intended mixed use nature of the district. We have no idea how many offices versus retail versus residential we will have. As this district is truly intended to be the `main street promenade' are with multiple uses, the current composite ratios as outlined within the Economic Development design manual will prevent the development of this district as envisioned. The rationale for the request is that these concepts are easier to understand and represent, in both graphic and statistical form, and are recognized as a universal tool by developers and planners to gauge development intensity. The applicant is proposing a maximum floor area ratio of point thirty (.30) and a maximum building height of six (6) stories. STAFF BACKGROUND AND CONIlV~NT: In reviewing the appropriateness and viability of Design Solution Two (2), staff would like to offer the following comments: 1. It is virtually impossible to calculate the SVR for this project as this is application is seeking approval of a Master Plan versus a site specific development plan, 2. If we attempt to calculate the overall SVR number for the entire development, the individual Districts, and compare these calculations with the applicants request to utilize a Floor Area Ratio of .30 and a maximum building height of six (6) stories (i.e. sixty (60) feet), we generate the following numbers: 23 Property District I District II ~~ District III ~ Applicant Not Available BVR = .028 Not Available BVR = .052 Analysis: LVR =1.093 LVR =1.11 SVR. =1.065 SVR =1.058 * Numbers based on * Numbers based on service/retail uses service/retail uses Staff BVR = .19,065,590 BVR = .111 BVR = .566 BVR = .342 Analysis: LVR = 21,876,560 LVR. = 1.196 LVR = .347 LVR =1.175 SVR = .60 SVR: = 1.08 SVR = -.22 SVR = .83 Design Property Size: 5,662,800 District Size: 1,829,520 District Size: 1,742,400 District: 2,090,880 Solution Allowable Area: 1,698,840 Allowable Area: 548,856 Allowable Area: 522,720 Allowable Area: 627,264 Floor Area . proposed Area: 1,305,000 Proposed Area: 185,000 Proposed Area: 522,000 Proposed Area: 606,000 ~' Ratio (FAR): (Staff, j Generated) (\ Assumptions• SEE APPENDIX A 24 In reviewing these findings it is important to remember one (1) thing: the majority of this property has akeady been timbered and cleared to allow for the operation of the existing flea market and the applicant is proposing to preserve substantial amounts of existing foliage to create a buffer from adjacent residential developments. This land use was created prior to the adoption of the EDD Standards and, as such, there was never any attempt to adhere to existing design principles. In generating this assessment, staff identified the following: As this is a Planned Development, and we are not reviewing site-specific development plans or' landscape plans, we have no reasonable way to calculate interior landscaping for each district. While District II will never be able to achieve the minimum SRV ratio, as outlined within the EDD Design Manual, we believe that additional landscaping will be installed in District III to overcome the identified deficit, 2. As the applicant intends to adhere to the minimum Open Space requirements, with additional landscaping along the various proposed building perimeters and roadways, staff is satisfied that the applicant will be engaging in a project that will adhere to the basic concepts of the Design Manual with respect to the liberal use of landscaping to create a visual break from large-scale commercial development, 3. Staff agrees with the applicant's contention that the Design Manual was not written with this type of project in ,mind or with the thought of the myriad of different land uses being developed as part of one (1) project. The case study contained within the manual makes the assumption that cluster developments will contain similar land uses. Within a true mixed use development, it is staff's opinion that we want to encourage diverse land uses that can compliment one another and serve a broader range of the general population's needs through grouping these uses together in a centralized development, CHART, TABLE OR DEMONSTRATION: Included within the text and Appendix A STAFF RECOMMENDATION: Staff recommends approval of Design Solution Two (2) and believes that allowances ought to be made to allow for a the use of the requested Floor Area Ratio (FAR) method of .30 in determining the amount of developable building area ought to be allowed on the property. Staff believes the proposal would allow for a broad range of uses on the property that would serve the needs of a diverse population and reduce the overall need for local residents to travel to several different commercial developments to address their various needs. 25 DESIGN SOLUTION THREE (3) as outlined on page twenty (20) of the application reading as follows: `The applicant requests a waiver from Section 2.4 Environmental .Factors -Grading and Erosion Control -Planting Area Slopes of the EDD Design Manual' The applicant is requesting the ability to utilize a maximum slope factor of 2:1 rather than the listed maximum slope of 3:1. Within. the request the applicant indicates that the existing grade of the property would require `unnecessary grading and increate the total footprint of disturbance' if the maximum 3:1 slope ratio was adhered to. The applicant is requesting the ability to use a slope ratio of 2:1 or flatter in an effort to avoid unnecessary disturbance on the property and make use of the natural shape of the land with minimal grading. STAFF BACKGROUND AND COI•'IMENT: The existing grade of the property would require `unnecessary grading and increate the total footprint of disturbance' if the maximum 3:1 slope ratio was adhered to. The applicant is requesting the ability to use a slope ratio of 2:1 or less in an effort to avoid unnecessary disturbance on the property and make use of the natural shape of the land with minimal grading. As the attached illustration shows, the steeper 2:1 back slopes will take up less land area and therefore, less natural cover will have to be destroyed than a 3:1 back slope. The 2:1 back slopes will take a more concerted effort to stabilize and maintain, but less land area will be disturbed. Retaining walls may also help to minimize the extent of the 2:1 back slopes. LEED for Neighborhood~Development encourages the conservation management of existing natural habitats and wetlands. Techniques to reduced site grading and disturbance are compatible with LEER neighborhood development standards. CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) ~Uf Kf-fiG'R.N V ILLI~C-~ CJ~ange County 2:~ 3.1 t7E~1C-~N Sf~llt~l~l #~ ~~ as/g9/cps 26 UNNEC.~55ARY /- l-~.F~ REMOVAL-~~ STAFF RECOMIVVIT;NL/ATION: Staff supports the Design Solution request from the standpoint that there may need to be some flexibility to address on-site. topography issues or to guarantee the protection of existing foliage. Staff is uncomfortable, however, with a total replacement of the existing standards with the one proposed by the applicant. Therefore, staff recommends that the proposed modification to the grading and erosion control standards, as proposed by the applicant, be allowed only when the applicant can demonstrate on a site-specific development plan the need, and benefits to on-site natural resources, of waiving the requirement due to the following: ® Steeper back slopes will reduce overall site grading and disturbance, and ® Less site grading and disturbance will preserve more land area in it present natural condition. ® By maintaining more natural land cover, off-site impacts can be minimized. ® Reduction of natural disturbances allows for an opportunity for functional, healthy ecosystems to co-exist with human development. Staff believes that it would be more appropriate to have to as a condition of the SUP approval and allow for the modification only when it is demonstrated to be necessary rather than replacing the existing standard outright. 27 DESIGN SOLUTION FOUR (4) as outlined on page .twenty (20) of the application reading as ~- follows: `The applicant requests a waiver from Section 2.4 Environmental Factors -Grading and Erosion Control -Driveway and Access Drive Slopes of the EDD Design Manual ' The applicant is requesting the ability to utilize NC DOT standards of two percent (2%) or i/4" per foot minimum and a twelve percent (12%) maximum access/drive slope where necessary. The applicant argues that with the existing slope standards of two percent (2%) minimum and five percent (5%) maximum for access/driveways is common, there will be need for additional flexibility given the number of connections proposed with this development. The additional slope value may be necessary to achieve the number of connections to facilitate safe, pedestrian firiendly, circulation within the development and between individual development districts. STAFF BACKGROUND AND COMMENT: The applicant argues that with the existing slope standards of two percent (2%) minimum and five percent (5%) maximum for access/driveways is common. However, there will be need for additional flexibility given the number of connections proposed with this development. The additional slope value may be necessary to achieve the number of connections to facilitate safe, pedestrian friendly, circulation within the development and between individual development districts. As stated within the analysis of Design Solution number three (2), with steeper back slopes this design alternative will avoid unnecessary disturbance and preserve more land area in it present natural condition, as well as providing safe, pedestrian friendly internal circulation. Such a design alternative will confer a unique natural design quality to the proposed development. Furthermore, by allowing for such a deviation from the existing standard, the County would be promoting the concept of clustering the various land uses within the development as demonstrated within the attached sketch below. Staff believes that by allowing for this flexibility, we would be promoting several provisions within both the Comprehensive Plan and the Economic Development Design Manual that speak to the encouragement of clustering land uses to encourage pedestrian friendly design and avoid the need for expansive parking facilities. It should also be noted that given the permitting requirements that .could be imposed as part of the NC DOT driveway permit, some flexibility needs to be built into the standard to address NC DOT requirements/concern. 28 CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) ~~,lGK~G~1~J Vf LI.~+C- Orange Gounty 7"/o bt.liYC 6REf+TER GUMPAGTNESS HLLOWS FGR: • WN.1CA61LITY SMA~ I FR FOOTPRINT' 12% SLOPE t~/o9/as STAFF RECOMMENDATION: As with Design Solution number three (3) staff supports. this Design Solution request. from the standpoint that there may need to be some flexibility to address on-site topography issues, to encourage cluster of proposed land uses, or to address potential roadway construction standards per NC DOT guidelines. Staff is uncomfortable, however, with a total replacement of the existing standards with the one proposed by the applicant. ® Therefore, staff recommends that the proposed modification be allowed only when the applicant can demonstrate on asite-specific development plan the need, and benefits, of allowing for the twelve percent (12%) slope. Staff believes that it would .be more appropriate to have to as a condition of the SUP approval and allow for the modification only when it is demonstrated to be necessary rather than replacing the existing standard outright. 29 DESIGN SOLUTION 1F'TV]E (5) as outlined on page twenty-seven (27) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural Design -Building Setbacks and Height of the EDD Design Manual and the required ten (10) foot driveway setback' The applicant is requesting the ability modify the existing setback and building height limitations for internal property lines for the Buckhorn Village project to allow for: 1. A front, side, and rear yard setback for freestanding buildings and structures. of ten (10) feet versus twenty-five (25) feet, 2. A setback for in-line shops and buildings of one (1) foot for front and rear setbacks and a zero (0) side yard setback, 3. A zero (0) line setback for buildings adjacent to vehicular use areas, storage areas, and signs. 4. The applicant is proposing to utilize the existing setbacks outlined within Section 3.1 for all perimeter property lines. The rationale for the request is that it will allow the applicant to achieve the downtown center theme as proposed within District II. STAFF BACKGROUND AND COMMENT: Within their application, the applicant indicates that the twenty-five (25) foot setback requirement C would be observed for all external property lines and that the Design Solution is only intended to address internal property lines. The request would result in the following: Setback from • Freestanding In-line Shops and Vehicular Use Storage Areas Signs Internal Buildings and Buildings Areas Property Structures Lines Front Ten (10) feet One (1) foot * Zero Zero Zero Side Ten (10) feet Zero. Zero Zero Zero Rear Ten (10) feet One (1) foot * Zero Zero Zero * When proposed use is adjacent to common ownersrup property such as a pnvate street, aiiey, ana parking area. When this is,not the case, then the setbacks for freestanding buildings shall be used' Setback from Freestanding In-line Shops and Vehicular Use Storage Areas Signs Perimeter Buildings and Buildings ~ Areas Property Structures 'Lines. Front Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet feet f 10 f t T 10 f t T Ten (10) feei~ Side Twenty-five (25) eet Ten (10) ) ee en ( ) ee en ( 30 feet ___ Rear Twenty-five (25) feet Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet As previously indicated this Design Solution will not impact the external or perimeter property lines. This modification only seeks to facilitate the clustering of these buildings and creation of the `walkable' development concept proposed the applicant. CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by,~applicant) I `-~'~r~~~ lrin~ ~IJ~KI~~RN ~~1~~ :~ ~' !ra~,~~ auniy ~ ~~ I 12~duc~ 1"ran4, ~id~ ~'L'Ar ~c-tbdck~ - In-1.In~ 5hap~ Main ~~fr~t t~craides Fer. 1-~nhanccd ~,~'al kabllityr'Gc mpactn e~ss •,~s+h~iic ~c-ncfli~ = Mas~ln~ Addr~~scs ~crnman Q~rn~rs:hip cf xald~:sralk anc} '!~ I " Nc Gcmmcn rhrea I I~~~uir~r^~~n~h I i l~r~~~r~ty irin~ 1 1t'~' '4''r~rr1 1~r>.a~~irn._m~nt STAFF RECOMMENDATION: Staff supports the proposed Design Solution and recommends that the modifications to the setback standards be allowed only when the applicant can demonstrate on asite-specific development plan that the proposed buildings will be able to be accessed by local emergency responders (i.e. Fire, EMS, Police, etc) to address a public safety issue. 31 ~rc~rxs~~r.} Par~lrlg ¢r ~~~~~~ Design Solution # 5 These plans will have to demonstrate compliance with any and all applicable- State Building and/or Fire Codes and meet all applicable County and City of Mebane regulatory standards for emergency vehicle and pedestrian access. 32 DESIGN SOLUTION SIX (~ as outlined on page thirty (30) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural Design -Corrugated Metal; Highly Reflective Surfaces; and Illunai~zated Roofing of the EDD Design Manual' The applicant is requesting the ability to have flexibility in using highly reflective roof materials when they are designed to achieve the various energy objectives outlined within the application. The applicant indicates that the use of reflective material .will assist them in designed architectural features that are intended to make use of radiant heat and natural light to reduce energy use and costs. STAFF BACKGROUND AND COMMENT: Staff believes that the use of reflective material will compliment .architectural features that are designed to make use of radiant heat and natural light to reduce energy use and costs. The use of .renewable energy sources is basic to the design of all buildings in the Buckhorn Village -Development. Reflective roof materials minimize the heat island effect and reduce internal energy use for each structure. Energy conservation and the use of renewable energy sources is a key component of a LEED Neighborhood Development. LEED standards for. Solar Reflectance Indices (SRI) on roofs with a pitch of less than 2:12 are 78 and 29 for roofs with a pitch greater than 2:12. This modification will also result in achieving several goals referenced within the Comprehensive Plan, most notably: 1. Goal Three (3) The Conservation of Energy Resources in Orange County, and 2. Goal Four (4) Development of renewable sources of energy CHART, TABLE OR DEMONSTRATION: NONE STAFF RECOMMENDATION: Staff supports the proposed Design Solution and recommends that a condition be considered or placement on the project indicating that the modification can only be utilized in situations where it is demonstrated that: 1. The light reflecting from roofing materials and will not create a public safety, traffic hazard, or annoyance to others, 2. .All roof materials shall have SRI for roof pitches less than 2:12 of 78 and an SRI of 29 for roofs with a pitch greater than 2:12 (Reference to LEED Standards) 33 DESIGN SOLUTION SEVEN (~ as outlined on page thirty (30) through thirty-one {31) of the application reading as follows: `The applicant requests a waiver from Section 3.1 Architectural Design -Corrugated Metal; Highly Reflective Surfaces; and Illuminated Roofzng of the EDD Design M`anual' The applicant is requesting the ability to have flexibility in using highly reflective roof materials, specifically focusing on use of solar panels. The EDD Design Manual requires that solar panels must be flush with the slope of the roof. The applicant indicates that there maybe situations where solar panels cannot be flush with the roof and that flexibility is needed to allow for their use. The benefit here is that panels, that are not flush with the roof, can utilize existing tracking technology to make more efficient use of the suns rays. STAFF BACKGROUND AND COMCMENT: As with Design Solution number six (6), staff is always supportive of .any attempt to make use of alternative forms of energy. In focusing on this proposed Design Solution, there may be situations where solar panels cannot be flush with the roof and that flexibility is needed to allow for their use. The benefit here is that panels, that are not flush with the roof, can utilize existing tracking technology to make more efficient use of the suns rays. Some of these solar tracking technologies may not have been in existence when the EDD Manual was developed in 1994. This design option incorporates the latest technologies available to builders. Solar efficiencies are enhanced where the longer building axis is at least one and a half (1%z) times the shorter axis and the longer axis is within fifteen degrees (15°) of the geographic east/west axis. CHART, TABLE OR DEMONSTRATION: NONE STAFF RECOMIVIENDATION: Staff supports the proposed Design Solution and recommends that a condition be considered for placement on the project indicating that the Design Solution can only be implemented in situations where it can be demonstrated that 1. The light reflecting from solar energy collection features will not create a public safety, traffic hazard, or annoyance to others, and 2. Any buildings utilizing solar panels shall have its longer building axis is at'least one and a half '(1 %Z) times the shorter axis and the longer axis is within fifteen degrees (15°) .of the geographic east/west axis (LEED Standard) 34 DESIGN SOLUTION EIGHT (8) as outlined on page thirty-two (32) through thirty-three (33) of the application reading as follows: `The applicant requests a waiver from Section 3.2 Landscape Design -Landscaping Parking Areas of the EDD Design Manual ' The EDD Design Manual requires that a landscape island be provided for every ten (10) parking spaces. The applicant is proposing the following: ` ... shade trees are to be provided at a -ratio of one (1) three inch (3') caliper tree per ten (10) individual parking spaces provided that ninety percent (90%) of the spaces are within fifty (SO) feet of the center of a shade tree' The applicant argues that this provision will require the planting of the same number of tress that would be required under the Design Manual, but would allow for larger trees to be planted, allow for a more compact parking lot with less impervious surface area, and allow for shorter walking distances to storefronts for patrons. STAFF BACKGROUND AND COMMENT: This Design Solution will maintain the same number of canopy tress that would be required under the current landscaping standards contained within the Economic Development Design Manual, but would: 1. Allow for larger trees to be planted, 2. Allow for a more compact parking lot with less impervious surface area, and 3. Allow for shorter walling distances to storefronts for patrons. In researching this proposed Design Solution staff discovered that current LEED standards call for non-roof heat island effect reduction include: l.Fifty percent (50%) of the parking lot surface be shaded within five (5) years of initial planting, 2.All paving materials have a SRI of at least 29, and/or 3.Parking lot paving be an open grid pavement or other pervious surfacing. LEED standards also recommend the reduction of the parking area footprint such that no more than twenty (20%) of the total development land area is used for parking facilities and no single surface parking lot is larger then two (2) acres. From staff s perspective this Design Solution is actually more in-line with existing site development trends and ought to be reviewed as a possible replacement design standard for- the community. 35 CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) L~~ F~Ih~ ~IILL,~ C~r~r~g~ ~aun~r DESIGN SOLUTION # 8 STAFF RECOMMENDATION: ~xistir~g ~~tandar~l Staff supports the implementation of the Design Solution because it sustains a LEED Neighborhood Development standard so long as each parking area subject to the following: i. Fifty percent (50%) of the parking lot surface in shade within five (5) years of initial canopy tree planting, and ii. Parking surface paving materials with a SRI of at least 29 (LEED Standard). Open grid parking lot paving or other pervious paving systems are strongly encouraged because of their high reflectance values and their compatibility with heat island effect reduction. 36 ~ro~~~~~! ~~slu~ir~rr w h'1c~r~~ ~f~ici~~~h ' ~ o More ~~a:~s In dame Fa~rirrt ' Spaces GIG~er ~ho ;~ntrrances Snhan~:s 4~+alkrabllity ' Same ~had~ Gancpy at Maturi~iy DESIGN SOLUTION NINE (9) as outlined on page thirty-four (34) of the application reading as follows: `The applicant requests a waiver from Section 3.2 Landscape Design -Building arzd Grounds of the EDD Design Manual' The EDD Design Manual requires that the entire base or foundation of a proposed structure is to be landscaped. The applicant is proposing the following: ` ... to provide for building arzd grounds Landscaped Areas along thirty percent (30%) of a buildings perimeter to soften building edges while maintaining necessary sidewalk and outdoor display areas' The applicant argues that this modification will allow for the use of sidewalks and pedestrian plazas to promote the accessibility of the project. The EDD Manual did not foresee a town centre concept with pedestrian sidewalks along access streets and alleys. Foundation plantings in the sidewalk areas and along service alleys would not b~e appropriate: In the stead of proper foundation planting, the applicant can provide enhanced~streetscaping other landscape enhancements. STAFF BACKGROUND AND COMMENT: While staff understands the need for buffering along the perimeter of the building, we believe that the proposed Design Solution is more appropriate in an effort to encourage a pedestrian friendly development project. CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) 1"~j ~1; :G,~t c.s^t 3 E*fl;ti~4tBi~ ~ttc~1 yw+'iily i'~ina~ #r+e:t Iya~~~rw~~~xt~~ti _...~_.___ e'•~3~;5f PJ~,~rra'~[Ytc ~7CCkfw G.c~ tr':fit' ~ur~in~l~:r~'ina 1,i7n~ irgeb ~ ,[[.~.~ `;7rrt,~~~ ~C`~~,tis i3~ bStiTa+n~<r:.lk I~ ~~~~ GY$4~'`5415'1?OthEL2~:i'o~ ,, 1 ff ]'r'i'ms ~ ~~xi~;wwa~]2s~. ~~~~~ gg ~,___.. scx~:~t. Fy..r~xtti7a~ 37 Private .~ hre~~h with CJn-~ireet F'arkirrg °cvides For: C~rraater ~Idawvalk Animaiicn (1JUlndaw i:~lspia}s, Menu aar~s, cfia."~ - ~nccuragcs Sidewalk e4ctlvllyMtcrefi-cn4 Interaeti~n - Raauires Fetter .brchifiectural De~:l~n of G'~tails and rtranceways ~~ 3Q9Q of i~ullding K~~rirr~ct~r L.an~~cap~d ~c.istlr~g handard Iquir~~s ~n-hir~ l~a~e rrr Fr~undatian ~~ l~an~l~ccrped C I~~~ICN ~QLUTI~Jf~ #~~ STAFF RECOMMENDATION: Staff supports the use of Design Solution number nine (9) due to our determination that the proposal is consistent with the spirit and intent of the EDD Design Manual with the understanding that the applicant has proposed to install landscaping along the commercial streets and other areas at the same density of shrub as would have been required iri the EDD Manual for foundation plantings. Staffs' recommendation is premised on a relocation of foundation plantings to more appropriate areas in a town centre concept and not to dismiss the need for such plantings. 38 ~~~~~Q~~ ~~~~ Private 5tree~t with t7n 5tree~ F~arlcing DESIGN SOLUTION TEN (10) as outlined on page thirty-five (35) of the application .reading as follows: `The applicant requests a waiver from Section 3.2 Landscape Design -Building and Grounds of tlae EDD Design Manual' The EDD Design Manual indicates that no fence or wall shall be allowed within ten (10) feet of any front property line or street right-of--way. The applicant is proposing to reduce this requirement and allow for the placement of landscape and architectural walls within one {1) foot of property lines and street right-of--ways provided that adequate site triangles anal. utility accesses are preserved. The applicant argues that this waiver will help to strengthen the architectural edge of the project and provide a more `urban' character for the development. CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) ~-UGl~rtc~.i~ VlLLA~ Oronge Gaunty ~~W {~~~ STAFF RECOMMENDATION: ~:EDUGINC~ Id REQUfzEMENT TO I~ ALLOVYS POR: MORE GOMPAGT SITE DE~IC~N GLOSER GONNEGTIONS GREATER CONTROL OE SITE LINES Staff recommends that the Design Solution be considered only when the applicant can demonstrate on asite-specific development plan that the design feature will not create a public safety risk and that the encroachment is needed to foster acceptable architectural features or landscaping. 39 DESIGN SOLUTION ELEVEN (11) as outlined on page thirty-six (36) of the application reading as follows: ~ 'C `The applicant requests a waiver from Section 3.5 Signs and Lighting -Signs -General Criteria of the EDD Design Manual' The EDD Design Manual limits the use of signs within this district to: ® A maximum number of three (3) signs per use, ~ A maximum number of one (1) freestanding sign per use, ® A total square footage limitation of two hundred (200) square feet for all signs located within the development, ® A maximum size limit of seventy-five (75) square feet, and ® A twelve (12) foot limit on sign height The applicant argues that these sign .limitations will not support a development project of this magnitude. STAFF BACKGROUND AND COMM7ENT: The EDD manual, originally adopted in 1994, had more of a focus and conception that the major portions of the various Economic Development districts would be developed as independent small to mid-sized (5-15 acre) independent land uses or single building developments within multiple tenants of the same type of class. This type of development program is shown throughout the EDD Design Manual. The EDD slgnage program was accordingly matched with this scale of development. Two hundred (200) square foot of total sign area translates into the following example: 1. One (1) one hundred (100) square foot monument sign and '2. One (1) one hundred (100) square foot building sign or eight (8) individual wall signs for separate tenants, at fifteen (15) square feet each The EDD sign program did not anticipate a large scale planned development whether a retail or industrial park. Master planning a larger area of property permits a better comprehensively developed multi-phase and multi-building project. One (1) aspect of this master plaiming principle is a master sign program for a larger area of property (in this case 130+ acres) where consistency adds to a better aesthetic and better understood directory of uses. Therefore a change in the sign criteria for amaster-planned PD project is reasonable. One (1) large architectural feature and smaller sign area can identify the unified control master project. The developer offers an alternative approach and staff agrees in part as noted below. As outlined within the application, beginning on page thirty-seven (37) the applicant is proposing: 1. One (1) project identification sign that is fifty (50) feet in height and six hundred (600) square feet in area, 2. A Maximum of eight (8) TenantfDirectory Signs that are fifteen (15) feet in height and have three hundred (300) square feet of sign area each, 40 3. For each `Major/Minor Tenant' three (3) signs (wall, window, etc) for each building, 4. One (1) projecting sign for each `Minor Tenant', 5. Directional signs at a maximum height of twelve (12) feet with a maximum: size of one hundred (100) square feet for each sign. CAART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) existing sign Alla~ance . ~~~ 5f Max fear ~ntire~ L~evelo~mer~t If ,~p~lied to pillage then inch of ~ +/ >~33ulidnc~s ~,~1/GUId be Lirnited to ~ ~ wilding Facade ~~'l~uilding ~,.r.,i~..,w ^T".~,r,~,,.,+ I`/L C,~ jinn wren ~~m,un ~~~I~~~ ~~~~~~~ X17 STAFF RECOMMENDATION: +n .e un,~'. ~aaQde Staff is supportive of the proposed Design Solution grating additional sign opportunities for this project, subject to the following recommended revisions: Primary project ID; One (1) project architectural feature that serves as a structure for the PD identification sign that is fifty (50) feet in height not more than 24' wide with a sign area of placed not higher than 40' and not more than 200 SF per side for two sides (200 SF does not include the structure) and six hundred (600) square feet in area, 41 ~nohrar 'i"enant (limited to ~C~C) sf tvtc~l sign area) Entry Portal: A Maximum of eight (8) Tenant/Directory Signs that are fifteen (15) feet in height and have one hundred SF per side two hundred (200) .square feet of total sign area each (each side being counted as SF), Major/Minor Tenant: For each `Major/1VIinor Tenant' three (3) signs (wall, etc) for each building of, as shown iu the master sign plan based on 1SF per linear foot of building frontage .placed within a designed sign facade area. 300 SF maximum Tenant above walkways: One (1) projecting sign (6 SF) for each `MajorfMinor Tenant', Directional Signs: Directional signs at a maximum height of twelve (12) feet with a maximum size of one hundred (100) square feet for each sign. 42 DESIGN SOLUTION TWELVE (12) as outlined on page forty-two (42) of the application reading as follows: `The applicant f-equests a waiver from Section 3.3 Circulation and Parking - Pa~~ki~zg Standards of the EDD Design Manual' The applicant is requesting that required parking for retail uses be modified from one (1) space for every two hundred (200) square feet to one (1) space for every three hundred (300) square feet. The rationale for the request is that is will reduce the overall impervious surface area for the project and create more open space. STAFF BACKGROUND AND COMMENT: The rationale for the request is that is will reduce the overall impervious surface area for the project and create more open space. Within the EDD Manual, there are provisions to determine multiple- useparking for each use separately. With multiple destinations and uses, Section 10.6 Joint Parking ~ Facilities section of the Zoning Ordinance should be used to determine an acceptable number of total parking spaces for each development district. Section 10.6 states, "The required parking for any number of separate establishments maybe combined in one lot, subject to the following requirements: a) The spaces allotted to each use must be shown on the application for a Zoning Compliance Permit; b) The distance from the farthest allotted space to the main entrance of the structure housing the use to which it is assigned shall not be more than four hundred feet (400'); c) Spaces assigned to one use may not be assigned to .another use at the same time or any other time, except that one-half of the parking spaces required for uses such as churches, theatres, assembly halls, whose peak attendance will be at night or on Sundays, maybe assigned to use which will experience peak usage at other times. 'The Zoning Officer shall make the determination relative to peak usage. d) Cross easements of record shall be executed to ensure the continued availability of the parking to the use it serves. 43 CHART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) ~~~ ~8~ G~raa~g~ ~~ue~~y P~4F;I~INC~ YwF ~ . w•'~7yy ~~ ! `f ~~;~t~ ye~4,+~ 0 ~11Ah:~p f~f~l;Klld~ fiLLGW~ 1=0~: ~ Iv1GRE, C.l~viPF+GI- 511 c ~~IGN ~ c1~111A1~~ ti"dA[~Kfi~~ILl1"Y ~~ .~C STAFF RECOMMENDATION: Staff supports the proposed Design Solution and further recommends that the following parking standards be used for this project: . a. One (1) space for every three hundred (300) square feet of floor space within a Retail. Trade (excluding Restaurants), Service (excluding Indoor/Outdoor Theaters), Manufacturing, Assembly, and Processing, and Finance, Insurance, and Real Estate land use, The maximum amount of parking permitted for these uses shall be one (1) space for every two hundred fifty (250) square feet of floor space. b. One (1) parking space for each Residential Dwelling, Multi-family unit, c. One (1) parking space for every three (3) seats in a Indoor and/or Outdoor Theater, d. One (1) parking space for every fifty (50) square feet of floor area within a Retail Trade, Restaurant facility, excluding dining or bar areas, as well as one (1) parking space for every four (4) seats within the facility, '\, 44 i/zoo ss-. e. One (1) parking space for every three hundred (300) of floor area within a Government facility. f. One (1) space per every room in a hotel plus one (1) per shift employee g. A.11 parking lot spaces, unless other wise designated, shall be: Nine (9) feet by Eighteen (18) feet. 45 DESIGN SOLUTION THIRTEEN (13) as outlined on page forty=five (45) of the application reading as follows: '.C `The applicant requests a waiver from Section 3.2 of the EDD Design Manual requiring that breaks in the MTC buffers be limited to .one (1) and no more that twenty-five percent (25%) of the total buffer' The applicant is requesting that more `buffer breaks' from 25% to 60% be allowed along the Interstate to afford the development additional sight lines from the highway. STAFF BACKGROUND AND CONIlVlENT: The original EDD manual contemplated more industrial, warehouse and distribution along sections of the interstate where it would be more appropriate to maintain screening from industrial buildings, activities and storage. Retail has a different visibility aspect than industrial. Retail design is more aesthetic and its visibility serves as an economic development enhancement that leads to sustainability. Therein, the desire and high tax value that is associated with interstate visibility and retail establishments. The applicant is requesting the ability to create breaks within the required buffer of up to sixty percent (60%). The rationale for the request is that the breaks are necessary to accommodate proposed stormwater `water quality best management practices devices' . The areas will be re- landscaped to `create a more visually interesting landscape incorporating the open areas' that include lower height growth bio-retention plant species that still allow visibility and absorption of COZ. The applicant further requests that within the remaining forty percent (40%) protected buffer area that `hand clearing' of any existing vegetation be allowed provided that a minimum of fifty-four (~4) trees per acre be maintained at all times and/or tree with at least l2" in diameter at 4' high, whichever is greater. CIIART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) ~-lllt! >1XG ~- vv IR111J =U' t .Ei:Y~ .°iF`I'ET2 ~X3:^1'li '~i= FCnwea 1'U e'.W_M~RY PLLChN^'~' CF2EPt< IN ~i•G :.G:.G 9:1' I~:'[Y='L" ^U"1"F:FC ycN.-~i~ I 1 Pu^iwTa ~'~V7Y ~ f / Ehl'-t'(! ~~L,LL1•+~L-'t7 :f..F!'K 3N NTI. 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''-" ~.' ti ~ ~'` 4 ~ ~ "G~~rSra'k.~~a°hetexl~iriy trxex 410hm"4'~,--~~ '",,,vii. ? ~ ~.,~4 ~ -k,r ~ - ''~ i 3~.11"tC59(C~'~€d~3e5 tRfitUII:IIL'Ii0t41' t-' -~-...,~; ~ +~y``~'~- Eri..}~,:i74 ., : I~C,EB'EawteUi~ll C( ~~-,,,._~ ~~ trE'~I~~rE (2''~3~~~~rgr:ni`E&7~~.J9:~Glr~ ~~T-- .~,.r`,7s ~ ~ ^' , ,.~,~~ ~ ~,JS~'o!Edar~,v~plaX~ } ``'~ f'<xf~'~rYl5)471Cb3 tt)a~~i3lnctl FB(dC?m L+' c!fE "`"'~1,w ~ ~'~~ ,~- ~10 aj7(i mld fifcE. FI~aiC`I~or tt ~uir3tr~'t?razal ~ 1 ~.- ,s:~„' f n7t h ~ ta~~lo4~t7rs4'r,~Ardar;~*calTeran5,+i~ai:-it~,~ ' ~,;:M;~I~r%I~e 4~,~DQsf`T~,~ '`~., ~f10't-9Q~$5`i ~ t E n ~~ ~~" ~03,O1~D'~sf >7 S ll ~ C~~srr~n Sr~li~ttnrr X93 t'r~nr.~nilr~l Alfr?rnatva Al~ftl~r: Qnr~mrril»afabr~:~~l t7npn 11~~~~ina Tral ~,fr .-x t ~f a: ~i~j~i"';.... ,;. _~ r' i~ .y ;,_ , 47 Can~~p~~~l~ilf~rn~~~v~ ~uf~+ar~ ~~praxirt~~f~ly ~~~ C~~~n STAFF RECOMMENDATION: Staff finds that this Design Solution is acceptable. 48 DESIGN SOLUTION FOURTEEN (14) as outlined on page forty-six (46) of the application reading as follows: `The applicant requests a waiver from Section 3.2 of the EDD Design Manual requiring fifty (50) to one hundred (100) foot buffers along adjacent residential properties along Buckhorn Road' The applicant is proposing to reduce this buffer to twenty-five (25) feet in width. The rationale for this request is that the existing buffer requirements are too restrictive and that the project will `enhance' the property value of many of the adjacent undeveloped and older residential properties. STAFF BACKGROUND AND COMIVII:~NT: The rationale for this request is that the existing buffer requirements are too restrictive and that the project will `enhance' the property value of many of the adjacent undeveloped and older residential properties. Maintenance of a sufficient density of forest cover within the perimeter buffer is an important factor to consider. Typically, Orange County land use buffer requirements for any retail trade require a Type "E" (one hundred foot [100']) depth. Should the uses adjacent to the residences along Buckhorn Road be office the buffer could be reduced to seventy-five (75'), or fifty feet (50') for residential apartment uses. In any case, as per Section 12.6.1, the buffer shall be composed of seventy-five (75%} percent evergreen vegetation distributed so as to create asemi-opaque screen to a height of at least thirty feet (30'). CI3ART, TABLE OR DEMONSTRATION: SEE BELOW (supplied by applicant) v~~~~~ G~~~t~ GGt~11dO'.GI.'~Lj~ ~~DI a7R1/+L EY,1'.aTINY^ 1=LATER REQT:1(REkLTII' [~f~F:F.dINE~ 41+H°UITrtiP~ ~Rh~ LdJG~ITLiTI 'M11Gti I~ I~?1" Gfii~~l5'f-rldf S'~:ITH MIXC77 ~ GE:r16N G6,LGTI'v,~5: K.ac=,.! GGtnn~.GI.~L,~`~ iF171.Y~TRIAL 1 p ~1 t~ :IIxFI~ UW= U f~il~:Ti t1~. IFJT''.+tnOIV ~ i'F:Cd'EF;TIGS Il~fl'G' TtiG ~1"FC ~T rG~J'E 01= ~T? I•~ NP.~~{~f~.t=D. 49 STAFF RECOMMENDATION: Staff is supportive of a reduction, as outlined within the Design Solution, but is unsure if a twenty- \'_. five (25) foot buffer will' protect existing residential development along Buckhorn Road. Staff would recommend the following for your consideration: 1. Along Buckhorn Road -twenty-five (2S) feet as proposed, 2. Surrounding the existing six (6) properties that front along Buckhorn Road on the western property line'of this project -fifty (SO) feet. SO PLANNING BOARD ACTION -SUP APPLICATION: As the Board is akeady aware, this application has both a legislative rezoning request and aquasi- judicial Special Use Permit component. The Special Use Permit portion of this project will be discussed once there is a recommendation on the rezoning petition. As the Board is akeady aware, within a quasi judicial process written findings of fact are required. The Board making the decision must explicitly set forth what it determines to be the essential facts that it is basing its decision on and must also make specific findings of fact and provide specific detail to inform all parties, and a reviewing court, as to what induced the decision. It needs to be remembered that a conclusory statement that a standard has, or has not, been met is insufficient. ARTICLE EIGHT (8): In reviewing this portion of the project, the Planning Board will be asked to begin making recommendations on the issuance of the Class A Special Use Pernvt in accordance with the provisions of Article Eight (8). .ARTICLE SEVEN (7) -SECTION 7.5.4: In. additional to the provisions of Article Eight ($), Section 7.5.4, specifically subsections (d) and (e), will be part of the Special Use Permit review process as they relate to the proposed design solutions and conditions of approval for the project. As a reminder, subsections (d) and (e) of Section 7.5.4 ;' read as follows: (d) As to tlae suitability of plans proposed or the desirability of amendments; and (e) As to the adherence to PD or general regulations w~ as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessafy or justified in the particular case by demonstration that tlae public purposes of PD or other regulations would be naet to at Zeast an equivalent degree by such modifications. STAFF COMMENT: In accordance with Article Eight (8) and Section 7.5.4 of the Ordinance, staff will be supplying the Board with the typical Class A SUP Findings of Fact document once there has been additional review and discussion of staff's recommendation by the Planning Board. 51 ~~~ The following contains OUTBoard recommended conditions for the Buckhorn Village SUP. The basic document is the draft document of Buckhorn Village Conditions prepared by Planning Staff regarding transportation issues. The OUTBoard discussed those conditions and others regarding transportation at its meeting on April 16, 2008. The OUTBoard agreed that Chair Sam Lasris and Paul Guthrie would meet with Karen Lincoln to develop fznal recommendations. Kecommendations highlighted below contain changes to the original staff conditions and new conditions proposed by the OUTBoard. In addition the.OUTBoard has supplied two comments after the conditions for the SUP that address the development in general. Traffic Improvements for the Buckhorn Village 1. The developer shall provide a revised Traffic Impact Analysis (TIA) report that identifies anticipated impacts of this development at the intersection of US 70 & Buckhorn Rd, West 10 and Buckhorn Rd. and the intersection of Mt. Willing and Buckhorn Rd. The developer shall be responsible for constructing any and all improvements at those intersections that are recommended to mitigate direct impacts resulting from this development. 2. The revised TIA shall also include WEEKEND traffic counts at similar developments, such as Alamance Crossing, Heritage Square, and Patterson Place. The developer shall provide any additional facilities to accommodate traffic flow on weekends as required by NC DOT from review of the revised TIA. 3. The revised TIA should be submitted prior to the submission of any site plan proposing development within any of the approved districts. 4. The expansion of the bridge over 185 to accommodate four lanes of traffic as detailed within the TIA to accommodate two northbound lanes, two southbound lanes as well as bicycle lanes and sidewalks ntnning both north and south. 5. The widening of Buckhorn road to accommodate anticipated traffic demands. 6. Provide a bicycle lane on westbound West Ten Road along the property line of the development. 7. Install street signals on metal poles (instead of wires) at the main entrance on Buckhorn Rd and at both exit ramps. 8. Align the main entrance into Buckhoi~i Village with the main entrance into the Petro station located on the west side of Buckhorn Rd. 9. Provide 3% of parking spaces as Park and Ride areas. Site these designated spaces close to bus stops. 10. Provide bicycle lanes on both the east and west sides of Buckhorn Rd between I- 85/I-40 and West 10. (I don't think we can require this development to construct this off-sight improvement along a stretch of roadway that is not adjacent to the development and is adjacent to property that is expected to be developed in the future. If the' County does not acquire funding to continue the bicycle lanes, the County can require future developers of those parcels to provide multimodal facilities.) 11. (There are existing turn lanes on US 70 onto Buckhorn Road.) "Provide a left turn lane on westbound West Ten Road at the intersection of West Ten Road and Buckhorn Road." 12. Widen westbound and eastbound I-85/I-40 on ramps and exit ramps to accommodate additional turn lanes 13. Construct an auxiliary lane from the weigh station on-ramp to the westbound Buckhorn Rd off--ramp. 14. Provide driveway access for the 5 lots along Buckhorn Rd, south of the main entrance, to assist access to the properties plus local roadways. 15. Provide an access road for ingress and egress from the development project to the existing gas station on the northwest corner of the site. 16. More right-of--way maybe needed for the requested/required improvements. If so, the developer shall dedicate any needed right-of way for required improvements. 17. The developer shall construct sidewalks on both sides of all internal roads. The developer will provide sidewalks along both sides of the major access road through the development to adjacent property in the Economic Development District all the way to the eastern property boundary. 18. The developer shall construct bicycle lanes and sidewalks along roads adjacent to the property boundaries: the northbound lane of Buckhorn Road from West Ten Road to I-85 including the NCDOT right-of-way between northern and southern interchanges; and the westbound lane of West Ten Road from the eastern edge of property on West Ten Road to Buckhorn Road 19. Construct 2 bus pullouts at transit stops along Buckhorn Rd along with transit shelters at each stop. Construct 2 additional bus transit stops and shelters within the development. 20. Designate taxicab areas and provide means to summon a cab at designated points within the development. 21. All traffic directional signage shall be installed including but not limited to: ® Stop signs ® Yield signs ® Bus parking and unloading signs ® Taxi information ® Lane ends, Merge signs ® Caution pedestrian traffic and Yield signs ® Construction traffic signs ® Traffic warning signs indication the location of private driveways and forbidding public access to the various properties a Cyclists' warning signs ® Through traffic signs ~ .Any and all signs required by NC DOT 22., Create a foot path within the property along the New 10" gravity sewer line from. the development to Gravely Middle school and soccer fields on West 10. 23. Show how parking surfaces will mitigate stormwater runoff. Is this directed at using pervious pavement? (Use pervious pavement for all parking areas where feasible.) 24. Designate potential sites for parking decks. C ®ther Comments: Even though there is a sidewalk plan, the project is not condusive to, nor does it encourage walking. A difFerent site plan (an example isprovided in the attached sketch) would be truly walkable. The OUTBoard is also concerned about the impact of this project on Efland with regard to the recently adopted Efland/IWebane Small Area Plan. The board should consider those impacts in discussions related to rezoning the area for this project. d ~~ ~vq/~~ Co~i~~°~-lip ~-~"~.,~t i C~ Traffic Improvements for the Buclchorn Village ~~ may-, .~ 6,/,~~'~.~ ~' ~~2~J 1. The developer shall provide a revised Traffic Impact Analysis (TIA) report that identifies anticipated impacts of this development at the intersection of US 70 & Buckhorn Rd, West 10 and Buckhorn Rd. and the intersection of Mt. Willing and Buclchorn Rd. The developer shall be responsible for constructing any and all improvements at those intersections that are recommended to mitigate direct. impacts resulting from this development. 2. The revised TIA shall also include WEEKEND traffic counts at similar developments, such as Alamance Crossing, Heritage Square, and Patterson Place. The developer shall provide any additional facilities to accommodate traffic flow on weekends as required by NC DOT from review of the revised TIA.. 3. The revised TIA should be submitted prior to the submission of any site plan proposing development within any of the approved districts. 4. The expansion of the bridge over I 85 to accommodate four lanes of traffic as detailed within the TIA. to accommodate two northbound lanes, two southbound lanes as well as bicycle lanes and sidewalks running both north and south. 5. The widening of Buckhorn road to accommodate anticipated traffic demands. 6. Provide a bicycle lane on westbound West Ten Road along the property line of the development. 7. Install street signals on metal poles (instead of wires) at the main entrance on Buckhorn Rd and at both exit ramps. 8. Align the main entrance into Buckhorn Village with the main entrance into the Petro station located on the west side of Buckhorn Rd. 9. Provide 3% of parking spaces as Park and Ride areas. Site these designated spaces close to bus stops. 10. Provide bicycle lanes on both the east and west sides of Buckhorn Rd between I- SS/I-40 and West 10. (I don't think we can require this development to construct this off-sight improvement along a stretch of roadway that is not adjacent to the development and is adjacent to property that is expected to be developed in the future. If the County does not acquire funding to continue the bicycle lanes, the County can require future developers of those parcels to provide multimodal facilities.) 11. (There are existing turn lanes on US 70 onto Buckhorn Road.) "Provide a left turn lane on westbound West Ten Road at the intersection of West Ten Road and Buckhorn Road." 12. Widen westbound and eastbound I-85/I-40 on ramps and exit ramps to accommodate additional turn lanes 13. Construct an auxiliary lane from the weigh station on-ramp to the westbound Buckhorn Rd off-ramp. 14. Provide driveway access for the 5 lots along Buckhorn Rd; south of the main entrance, to assist access to the properties plus local roadways. 15. Provide an access road for ingress and egress from the development project to the existing gas station on the northwest corner of the site. 16. More right-of-way maybe needed for the requested/required improvements. If so, the developer shall dedicate any .needed right-of--way for required improvements. 17. The developer shall construct sidewalks on both sides of all internal roads. The developer will provide sidewalks along both sides of the major access road through the development to adjacent property in the Economic Development District all the way to the eastern property boundary. 18. The developer shall construct bicycle lanes and sidewalks along roads adjacent to the property boundaries: the northbound lane of Buckhorn Road from West Ten Road to I-85 including the NCDOT right-of--way between northern and southern interchanges; and the westbound lane of West Ten Road from the eastern edge of property on West Ten Road to Buckhorn Road 19. Construct 2 bus pullouts at transit stops along Buckhorn Rd along with transit shelters at each stop. Construct 2 additional bus transit stops and shelters within the development. 20. Designate taxicab areas and provide means to summon a cab at designated points within the development. 21. All traffic directional signage shall be installed including but not limited to: ® Stop signs m Yield signs ® Bus parking and unloading signs ® Taxi information ® Lane ends, Merge signs ® Caution pedestrian traffic and Yield signs ® Construction traffic signs ® Traffic warning signs indication the location of private driveways and forbidding public access to the various properties ~ Cyclists' warning signs ® Through traffic signs ® Any and all signs required by NC DOT 22. Create a foot path within the property along the New 10" gravity sewer line from the development to Gravely Middle school and soccer fields on West 10. 23. Show how parking surfaces will mitigate stormwater runoff. Is this directed at using pervious pavement? (Use pervious pavement for all parking areas where feasible.) 24. Designate potential sites for parking decks. Other Comments: Even though there is a sidewalk plan, the project is not condusive to, nor does it encourage walking. A different site plan (an example is provided in the attached sketch) would be truly walkable. The ®UTBoard is also concerned about the impact of this project on Efland with regard to the recently adopted Efland/Nfebane Small Area Plan. The board should consider those impacts in discussions related to rezoning the area for this project. ~ 7Q. Glitterinu Obiect? 12ethiukinn Buckhorn Have you ever walked along a stream and seen something sparkling at the bottom, something you couldn't resist reaching into the most frigid water to capture, a little thing that often turned out to be a wadded up bit of fail, a gum wrapper, completely without value? Similarly, the promised tax revenues from Buckhorn Village dazzle us and we seem not to want to think about what maybe the real costs of approving a project of this size and type. But make na mistake, .there will be very real environmental, economic, and social costs, and we need to figure them out before we embrace this development The land use model. A primarily retail center set apart from population centers will be a big carbon dioxide (COz) emitter, especially from cars. The developers estimate 40,712 daily trips in and out of Buckhorn Village. The County's draft COz inventory shows transportation contributing 49% of our emissions. The purpose of this inventory is to help us set a CO2 emissions reduction target, and identify strategies to achieve it; the need to do this is urgent It is now widely accepted that Climate Change results from human activity, particularly the burning of fossil fuels. Letting Global Warming continue its current path risks epochal and. catastrophic impacts worldwide. It is not just a question of whether we'll be able to continue producing the food we need, or to accommodate the refugees from inundated coastal azeas, or of how many species will perish or how many tropical diseases will chase us to the Arctic Circle. It is a question of how "modem human civilization" will hold up in the face of challenges of unprecedented magnitude. The planet is reacting swiftly to the modest temperature increases webe observed thus far, a result of carbon emissions from decades ago. Scientific consensus is emerging that dire global impacts will be evident when CO2 concentrations reach 350 parts per million, a threshold we have already exceeded (383 ppm). Indeed, polar ice has been melting at unprecedented levels and temperature records are being broken regularly. Since our CO2 from transportation is already so high, it would be reckless to approve Buckhorn without having in place multiple strategies to slash the projected daily car trips. Buckhom has to be truly "mixed use" to da that Rather than. primarily a retail center, it has to have a lot of office employment and many homes so that employees can live within walkiug distance of their jobs. Residential density has to be allocated in and azound Buckhorn sufficient to support bus service, and perhaps future rail service along the nearby NC railroad; otherwise, shoppers can only get to Buckhorn in their cars. A big component of the housing has to be affordable to Buckhorn's retail workforce because. most housing in Orange County will not be. The economic model. There is plenty of research showing how outlier retail shopping centers like Buckhorn can do us more harm than good. Our local economy will only retain about 13 cents of every dollar spent at Buckhorn -compared to keeping over 50 cents of a dollar spent at a locally owned business. Low-wage retail jobs are highly unstable. Big box stores may be a net revenue deficit because the poor wages and benefits they offer translate into higher demands far government services and health care. Typically, franchise retailers in these centers price their goods so as to eliminate local competition, often putting local folks out of business. So we end up even more dependent on them for important daily needs -and increasingly vulnerable to the impacts of spiking oil prices on the cost of imported goods and the cost of gas to get us to the stores. The sustainable alternative is a "Local Living Economy," Our Community Supported Agriculture movement, for example, will help us secure a dependable local food supply. We can expand that approach to tap residents' abilities, transform local materials and knowledge into the products and services we need. We can focus on creating a resilient economy integrating diverse, locally owned businesses into adaptive entrepreneurial networks. They'll be mare likely to offer stable, high-quality jobs, treat employees fairly, pay living wages, provide health & retirement benefits, and support environmental constraints. Orange County's Comprehensive Plan Update has the potential to get us on a path to sustainable local economies and land uses. Once it is complete, much remains to be done to ensure that future decisions and policies advance sustainable outcomes. The Board of Directors of The Village Project respectfully asks the Buckhorn Village developers and County officials to utilize the forward-tlunlcing goals and objectives being drafted for the Comprehensive Plan Update to drive decisions about use of the Buckhorn properly sa that it benefits our local economies and is an asset to our communities. James Carnahan; for the Board of Directors The Village Project; Inc. This commentary appeared ire the Chapel Hill Herald on January 26, 2008, and in the Chapel Hill News on February 3, 2008. The Village Project e PO Box 685 ®Carrboro NC 27510 ~ 919-942-6114 ~ wwwthevillagepraject.cam `mot ~ ~"~a ~ r ~. t.,. ~. t9.ssessing Bucirborn Village in the Content of Global ~armin~ ,Summary 1) Carbon Emissions Implications. Vehicle "trip generation" rates do not begin to convey the Climate Change impacts that a project of this magnitude produces. The applicant projects nearly 46,000 daily trips in and out of Buckhorn. Because the urgency to reduce COz emissions is increasing, I advise the Board of Commissioners to ask that the applicant produce daily estimated Vehicle Miles Traveled (V'MT) numbers for the project and the COatonnage that would be associated with these numbers based on current average fuel economy {Zlmpg). Further, I would like staff to factor these numbers into the COz emissions inventory currently underway in Orange County. The County's draft COz emissions inventory shows transportation already contributing 49% of our emissions. Climate scientists are seeing accelerating rates of increasing COz and of warming impacts, and have reduced the preferred upper limit of atmospheric COz to 350ppm (which the current concentration of 385ppm exceeds). The data and the possible worst case scenarios that have been envisioned compel us, in my opinion, to take the strongest possible steps to implement land use & economic planning that will reduce, not increase emissians. There are currently no public transit operations that could serve this project either for Orange County residents or for the larger service areas Buckhorn must draw from -the RTP region to the east and the Mebane-Burlington & Piedmont Triad to the west. A regional bus service that would reach as far west~as Mebane & Greensboro is anticipated in the Special Transportation Advisory Committee draft vision for the RTP area -but this is only a visioning document that could be years from implementation. Buckhorn, if built, will be utterly car-dependent far the foreseeable future. (See Narrative section I far details about Climate Change effects & COz emissions targets) 2) Planning Policy Documents. Documents submitted in the Buckhozn Village application respond to two key County policy documents that are badly out of date -the Comprehensive Plan adopted in 1.981, -and the EDD planning, Guidelines published in 1994 and last amended in 2003. The Cornp Plan is in a formal Update process due to finish this August. ED staff could not say when they expected the EDD Guidelines to be updated. H ~~ The applicant is therefore responding to, and the Board of Commissioners making decisions based upon a set of requirements that are, in the context of the Global Climate Emergency, of limited relevance. These kinds of economic development and land use decisions must respond to local and global circumstances that have drastically changed over the past two decades. It is only a matter of time before we will be adopting COz emissions reduction targets at the local, state, and national level, and no reason to think these targets will be any less stringent than those already in place in EU nations that range from 60 to 80%. Buckhorn as currently proposed will only be served by single-occupant vehicles, will have only a very small residential component, and lies at the fringe of rather than within a population center. And even if the buildings meet the highest LEED standards, Buckhorn will likely still be a net COz emitter. (See item II in the narrative section.) 3) Costs. How will construction of this project be financed? Who will pay for the infrastructure improvements, including upgrades to the local roads, to the I-40/85 interchange, sewer & water provision? A key question for the people of Orange County is whether incentives will be given, especially in light of recent history in North Carolina. In Lenoir County last winter incentives in the form of property & RE tax abatements estimated to total around $185 million over. 30 years were granted by the county commissioners to Google, Inc. Subsequently the Lenoir commissioners raised taxes on everyone else by 22.2%. Orange County residents need to know what our costs are going to be in order to fully assess this project. Conclusion Given the gravity of what former U.S. vice-president Al Gore calls the "Global Climate Emergency," and given that the County's Planning Ordinances do not now effectively address the urgent need to reduce COz emissions, approval of the Buckhorn Village application at this time is not in the County's interest. The accumulation of knowledge about CQz and Climate Change, in conjunction with the significant increase in COz that Buckhorn Village would produce, indicates that this project would pose a threat to the health, safety and welfare of the people of Orange County (and beyond). Moreover, the applicants, who are long-time residents of the County and have done good works here, must surely realize, as well as any citizen who follows the news about Climate Change, that what they are asking us to accept is a continuation of the worst kind of "business as usual." They would do themselves great credit and help to ensure a sustainable future by withdrawing this application. Narrative I. Carbon Emissions dpi Accelerating Climate Change Outcomes. My comments assume that the connection between emissions and global warming is commonly accepted. What I will provide here are citations from newspaper & magazine articles that have appeared over the past 4 years in order to convey both the catastrophic events that may ensue if we do not make immediate and drastic reductions in COz emissions, and also the accelerating progress we are akeady seeing in the direction of the direst Climate Change outcomes. a) Species Loss. The most ominous outcome that has been reported is unthinkable for the human species and most other species as well. The geologic record shows at least two instances of widespread species die-offs resulting from what scientists refer to as "thermal maximums," global temperature increases which were triggered by the release of methane from "clathrates," ice-like structures in arctic tundra and the bottom of the polar seas. These events were utterly catastrophic for'life on earth. Baltimore Sun reporter John Atcheson wrote ("Ticking time bomb," 12/15/2004)' °A temperature increase of merely a few degrees would cause these [methane] gases to volatilize. and "burp" into the atmosphere, which would further raise temperatures, which would release yet more methane, heating the Earth and seas further, and so on. There's 400 gigatons of methane locked in the ftozen arctic tundra - enough to start this chain reaction -and the kind of warming the Arctic Council predicts is sufFicient to melt the clathrates and release these greenhouse gases into the atmosphere. "Once triggered, this cycle could result in runaway global warming the likes of which even the most pessimistic doomsayers aren't talking about....Strong geologic evidence suggests something similar has happened at feast twice before. "The most recent of these catastrophes occurred about 55 million years ago in what geologists call the Paleocene-Eocene Thermal Maximum (PETM), when methane burps caused rapid warming and massive die-offs, disrupting the climate for more than 100,000 years. "The granddaddy of these catastrophes occurred 251 million years ago, at the end of the Permian period, when a series of methane burps came close to wiping out all life on Earth. "Mare than 94 percent of the marine species present in the fossil record disappeared suddenly as oxygen levels plummeted and life teetered on the verge of extinction....lt took 20 million to 30 million years for even rudimentary coral reefs to re-establish themselves and for forests to re-grow. In some areas, it took more than 100 million years for ecosystems to reach their former healthy diversity." In a more recent story about the acceleration of warming at the Arctic, Associated Press (AP) reporter Seth Borenstein wrote (Durham Herald Sun, "Scientists: `Arctic is Screaming,"' 12/12/07) "Alaska's frozen permafrost is warrr-ing, not quite thawing yet. But temperature measurements 66 feet deep in the frozen soil rose nearly four-tenths of a degree from 2006 to 2007, according to measurements from the University of Alaska. While that may not sound like much, "it's very significant," said University of Alaska professor Vladimir Romanovsky." This is an alarming message - I take it that way and intend for readers, developers & elected officials included, to take heed. And I am not the only one to recognize that global warming is a challenge to the very survival of the human species. John McPhee is a geologist who contributes regularly to TFie Neiv Yorker magazine. His work is scholarly, thoughtful, and well-grounded in science. March 12, 2007 he published "Season of the Chalk," a discourse on the geological history of the White Cliffs of Dover and the underlying strata of chalk that stretches eastward well into the European continent. McPhee writes of the Permian Extinction referred to in the Baltimore Sun article, and of the continuing scholarship and, speculation about how the Permian and other die-offs, including the demise of the dinosaurs, came about. He concludes this digression thus: "It's enough to ruffle conventional wisdom, unsettling the jury as to who killed whom and what killed what.~While the earth moves on toward the first mass extinction caused by a living species, debates about earlier ones are really unresolved." b) Rising ocean levels. It is no longer in dispute that this is happening, and that we'll see significant changes in the contours of the continents. Frvm Associated Press reporter Seth Borenstein, ("Rising seas could overtake lands...,"Durham Herald Sun 9/23/07): "In about a century, some of the places that make America what it is may be slowly erased. Global warming... is expected to cause oceans to rise by one meter, or about 39 inches. It will happen regardless of any future actions to curb greenhouse gases, several leading scientists say... °... Few of the more than two dozen climate experts interviewed disagree with the. one-meter projection...'We're going to get a meter and there's nothing we can do about it,' said University of Victoria climatologist Andrew Weaver, a lead author of the February [2007] report from the \, Intergovernmental Panel on Climate Change in Paris... °...All told, one meter of sea level rise in just the lower 48 states would put about 25,000 square miles under water, according to Jonathan Overpeck, director of the Institute for the Study of Planet Earth at the University of Arizona. That's an area the size of West Vrginia....° In addition to impending land loss and the economic ~i social impacts, we have the prospect of greater devastation from storm surges in low-lying coastal areas. The devastation of Hurricane Katrina is attributed to the additional energy the storm gained while passing over the warmer waters of the Gulf of Mexico. Residents of New Orleans & Biloxi may be thought of as the first wave of Climate Change refugees. (I know personally of several who have permanently relocated in North Carolina.) c) Crop lass. The Raleigh News & Observer carried an AP story 3/17/07 that worldwide production of cereal crops has declined by millions of tons over the last 2S years as a result of warming. The full negative impact on production has so far been offset somewhat by production gains from better farming practices & genetic modifications, according to a study done by the. Lawrence Livermore National Laboratory. "`The warming we're already experienced since 1980 [about 0.7 degrees Fahrenheit] is having a major impact on the production of crops,' the lead author, David Lobel!, said..." The N&O story mentioned that this was one of the first studies done to quantify the impact of warming on agricultural production. The question is how production of fundamental dietary components will respond not only to continuing temperature increases, but also to the massive diversion of cereal crops in the U.S. for the manufacture of \. Ethanol .for transportation. d) Scarcity of water. The March, 2007 Intergovernmental Panel on Climate Change (IPCC) cites numerous global impacts of warming an the declining availability and quality of water for drinking and other essential uses. According to AP's Seth Borenstein, ("Global warming seen leading to water woes," Durham Herald Sun, 4!17/07), the US Southwest will have the greatest difficulty providing water for drinking, the Great Lakes will shrink, and California's Great Central Valley will not be able to meet demands for water far drinking and irrigation. A report from a panel of retired military leaders issued concurrently with the IPCC report also spoke of the impact an global security of water shortages. "`One of the biggest Likely areas of conflict is going to be over water,' said [Gen. Charles F.] Wald, former deputy commander of U. S. European Command." e) Spread of Diseases. At the same time that planetary warming is reshaping plant hardiness.zones,_it is also making possible the_migration of.tropical.disease-carrying_insects _ _._ . towards the north & south poles. An AP story written by Charles J. Hanley ("Report: Warming spurs illness," Durham Flerald Sun, 11/1S/06) reports °A warmer world already seems to be producing a sicker world, health experts reported..., citing /- surges in Kenya, China and Europe of such diseases as malaria, heart ailments and dengue fever... "ln Kenya, where temperature increases have tracked the global average, malaria epidemics have. occurred in highland areas where cooler weather historically has kept down populations of disease- bearing mosquitoes... "Russian news media reported in September [2006] that larvae of the anopheles mosquito, the malaria carrier, had been found in Moscow." The same story points out there is a global justice issue unfolding here as well as a public health problem, in that under-developed parts of the world that contribute very little C02 emissians are already paying a price for activities of the developed nations in the "industrial north." f) C02 Accumulation & Acceleration of Effects. Nat only is the rate of accumulation of COz in the atmosphere increasing, but.the scientific community is lowering the upper limit it believes is necessary to avoid the mast dire Climate Change outcomes. A story in the N&O ("Carbon dioxide shows sharp rise," S/22/07} said that week's Proceedings of the National Academy of Sciences reported that "emissions from fossil fuels... are increasing at 3 times the rate seen during the 1990's." A ca-author of the report lamented that "despite the scientific consensus that carbon emissions are affecting the world's climate, we are not seeing progress in managing those emissions...In many parts of the world we are going backward..." Meanwhile NASA scientist James Hansen, one of the earliest to warn of planetary warming and the association with carbon emissions, is now saying that we must adjust downward the target for the atmospheric concentration of COz. Environmental groups and the European Union have long considered 450 parts per million (PPM) acceptable. Bill McKibben covered Hansen's latest findings in The Washington Post (Remember this: 350 parts per million," 12/28/07), writing that because of the acceleration of observed effects such as arctic melting the target must be set lower. "...the data just keep getting worse. The news this fall that Arctic sea ice was melting at an off-the- charts pace and data from Greenland suggesting that its giant ice sheet was starting to slide into the ocean make even 450 look too high. Consider: We're already at 363 parts per million, and it's knocking the planet off kilter in substantial ways. So, what does that mean? "It means, Hansen says, that we've gone too far. `The evidence indicates we've aimed too high - thatthe safe upper limit for atmospheric C02 is no more than 350 ppm...'" The "cascading" of Global Warming effects is seen in the Arctic & Greenland, where expanding pools of meltwater on the frozen snow become heat sinks that turn reflective surfaces into heat absorbers. Similar negative feedback is occurring further south, in the Rocky Mountains, where warmer winters have extended the range of pine beetles that are wiping out vast acreage of forests -and reducing vegetation needed to sequester COz. "Scientists now predict that escalating draughts, tree die-offs and fires could cause Western forests to contribute more carbon dioxide to the atmosphere than they extract," wrote M. Martin Smith & Fiona Gow in the High . Country News ("Unnatural Preservation," 2/4!08). II. Planning Policy Documents. The Buckharn application includes a request for waiver of several EDD Guideline . standards, including, for instance, one regarding roof reflectivity, in order to retain the option to equip building roofs with photovoltaic panels. That the applicant has to make such requests shows how seriously out of date the EDD standards are. The intent of such requests by the C applicant is admirable, but wholesale "greening" of the entire project will fall far short of off- setting the transportation emissions that will be generated. In "Driving to Green Buildings..." Alex Wilson writing in the August, 2007 issue of Environmental Building News points out that while the energy efficiency of newly built commercial buildings has improved considerably, most of these buildings are being built far from transit-supported urban centers and the energy required to bring employees to them is greatly increased because most must travel much further by car to get to work. "The green building movement is making tremendous strides at improving the environmental performance of buildings... But...if we want to continue reducing the ecological footprint of buildings, we need to focus much mare actively on the transportation impacts that are associated with our buildings. Vlfith average new code-compliant office buildings `using' twice as much energy getting occupants to and from the buildings as the buildings themselves use for heating, cooling, lighting, and other energy needs, the green building community needs to focus greater attention on the transportation dependency of our buildings." (Available on-line at http://www.buildinggreen.corn/auth/article.cfm?filename=160901 a.xml ). The proposed Buckhorn project, located far from population centers along a corridor not served by public transit, may indeed implement numerous energy efficiency strategies but will be far less efficient than a similar project located within an urban center. Buckhorn's proposed primary uses -retail, movie theaters & hotel -will provide mostly low-wage jobs in an area where housing prices will not be affordable to these employees. They will have long commutes from distant housing they are able to afford. The Buckhorn application does not address this issue. Since the County's Economic. Development Districts are all located near Interstate highways, the \. EDD standards need to be updated to reflect potential public health impacts for people working & living in close proximity to heavily traveled routes. The Buckhorn Village application proposes residential & office uses within a quarter mile of I-40/85, and there is generally interest in a more mixed-use w/residence approach to development in the EDD's. The Los Angeles Times carried a story by Thomas H. Maugh II (1/26!2007) reporting that "In the largest and longest study of its kind, USC researchers have. found that children living near busy highways have significant impairments in the development of their lungs that can lead to respiratory problems for the rest of their lives. °The 13-year study of more than 3,600 children in 12 Central and Southern Galifomia communities found that the damage from living within 500 yards of a freeway is about the same as that from living in communities with the highest pollution levels, the team reported Thursday in the online version of the medical journal Lancet." This research suggests that the County may wish to limit the kinds of uses that can be pernutted within'/4 mile of any multi-lane highway. (Additionally, an Associated Press story 4/18/04 found some evidence that high levels of constant noise, such as that near an Interstate highway, may impact infants' brain development. See l~tt~:/~w~uw.eanz~.ora.u~;.br~oo~~,uno/~ia~,~rba~arr;.ao ed~~ardcltan~df for the study.) February 25, 2008 -~ To: The Orange County Board of County Commissioners The Orange County Planning Board From: The Orange County Economic Development Commission Ref: The Buckhorn Village Project Date: May 12, 2008 The Orange- County Economic Development Commission convened a quorum and voted at its regular monthly meeting on May 8, 2008 to endorse and encourage the development of the Buckhorn Village project. The Economic Development Commission carefully studied the Five Year Strategic Plan, Investing in Innovation, dated July 2005, which was ratified by the Orange County Board of County Commissioners. The Commission evaluated the proposed project according to the guiding principles outlined in this plan. We support the development of Buckhorn Village as consistent with and facilitative of these principles in the following ways. G®AL 1: 7Co create 5000 new private sector jabs, at least 75% of which will be filled by county residents. During construction, the Sanford-Holshouser report estimates that 932 jobs will be created during the construction phase of this development. The IlVIPLAN analysis commissioned by the Chapel Hill-Carrboro Chamber of Commerce estimates that approximately 70% of those employees will come from Orange County. Upon completion and stabilization, this report estimates 1,133 jobs primarily in the retail and hospitality sectors. These sectors rarely relocate employees and most positions will likely be filled by local residents. G®AL 2: 'To develop 125 li~L1®N D®LLARS in new commercial property by June X010 The developer estimates that upon completion, Buckhorn Village will create over $143,000,000 in commercial property value based on county values for other similar development in Orange County. The Sanford-Holshouser report anticipates that the project will generate $1,348,000 in annual property tax revenue. The value is derived primarily from retail, with hotels adding additional value. Office and residential development will add additional value if approved and developed, but is not included in the developer estimates. The Five Year Strategic Plan also enumerates additional general components of desirable economic development for Orange County. The Buckhorn Village project aligns closely with these characteristics of highly desirable economic development for Orange County: A: Addresses retail leakage by increasing the amount and variety of retail shopping options within Orange County. The Sanford-Holshouser study estimates that the Buckhorn Village Project will increase the total sales tax revenue generated in Orange County by approximately $6,000,000 per year, of which Orange County will receive about $2,400,000. This same report estimate the lodging tax revenue increase at $92,000 per year once lodging is sited in the development. ~. Supports and concentrates high density development along transportation ..corridors. C. Supports development within Orange County's designated Economic Development Districts through the addition of infrastructure and supports the extension of water and sewer into the EDD. The Plan also outlines four major areas, outlined by participating workgroups, where the County can target efforts to support its economic development efforts and achieve the type of economic development it desires. These areas are Business Climate, Infrastructure, Workforce Development, and Quality of Place. The Economic Development Commission evaluated how the Buckhorn Village might support the County's efforts in these areas, and how well the proposed project meets these goals. Not all the benchmarks are applicable to all types of development. Below is our brief assessment of the Buckhorn Village project as it relates to the more relevant areas: ~11SlIIeSS CI117[late Buclchorn Village Project arose out of a request by the BOCC to this specific group of local developers to develop a viable economic development project for this particular Economic Development District. Their market research showed that a retail based project had the best likelihood of obtaining funding and demonstrating long term viability as an initial project in this EDD. How this project is handled by the BOCC and the review process will be an important opportunity to facilitate public-private collaboration and strengthen the business climate in Orange County. The Five Year Plan identifies several possible criteria by which to evaluate a project's suitability in this area and the EDC's assessment of Buclchorn Village to these criteria is included: 1) Builds upon or supports existing business assets a. Retail is an identified underserved sector in our county. Buckhorn Village will capture retail dollars spent by Orange County residents as well as those of neighboring areas. The project should not compete with specialty l retail of county metropolitan areas due to product differentiation and location. b. Improves the use of a designated Economic Development district by increasing economic activity on a dense footprint. 2) Possesses viable business plan-feasibility studies by developer, lenders, and others confirm viability 3) Preference for local ownership- majority of real estate will be owned by local developers, tenant mix not yet established. 4) Commitment to remain in county project is alocation-based proposal 5) Growth potential, particularly jobs-phased development shows potential while maintaining flexibility for changing economic demand. Buckhorn Village will likely spur additional mixed growth in this EDD. 6) Creates minimal environmental impact EDC is unsure how to measure, suggest planning staff work with developer to establish appropriate positive environmental benchmarks while maintaining project viability. Infrastructure This particular area outlines some strategies where the County talces leadership, and other areas where the proposed project will help achieve County goals. 1) Extend water and Sewer in Economic Development Districts-the county has already taken action in the Buclchorn Village EDD on this matter. The Buckhorn Village Project helps the county recoup its costs in this endeavor while supplying additional infrastructure that may assist in future development. 2) Establish adequate information networks throughout the County---It is unclear where or how these services will be brought to Buclchorn Village. 3) Storm water management, solid waste reclamation, and positive environmental practices--- Buckhorn Road Associates has committed to developing this project in.a manner that would qualify for LEEDS Certification in the retail new development pilot program. The Planning Board and BOCC may establish additional criteria. 4) Encourage compact, higher density development in areas served by ,water/sewer-- Buckhorn Village will be a dense development and will encourage future development. 5) Encourage mixed use, walk able communities-- Buckhorn Village will Have amixed-use component with residential and possibly office space over retail uses. There is awalk-ability plan for the project which should make it as pedestrian friendly as possible. The Planning Board may establish more detailed criteria. 6) Promote Public Transportation, alternate transportation, carpooling, park and ride--The developer will provide mass transit stops throughout the project to incorporate at such time as public transportation is available in the area. c Worl~force Developanent This area focuses on a multitude of important steps for both the County and the business community to take in order to adequately support and train both Orange County residents and those who work in Orange County, but live elsewhere. The ones most pertinent to the proposed development during its initial phases have been highlighted below. There will be additional opportunities to work with businesses, that locate in this project once they have been identified and confirmed as tenants in the project. 1) Promote access to living wage jobs that offer benefits and career advancement the Buckhorn Village project is a real estate development project which will house future businesses as yet unidentified. During the construction phase, many of the jobs provided by the project will be skilled trade. Many of the initial tenants will be retail and hospitality sector tenants. The majority of available jobs are unlikely to meet the living wage threshold for Orange County if current market conditions are predictive. The tenants of this development will primarily provide entry-level workforce employment and flexible, part time employment options. The development of Buckhorn Village will likely spur additional development in this Economic Development District in other industry sectors which may provide higher paying employment. 2) Provide housing for workforce close to jobs and transportation-Buckhorn Village will provide residential units within the project. There is existing residential development near the project. ~, 3) 75% of new jobs filled by county residents-this is difficult to predict at this phase of development. The typical tenant will not need to relocate a workforce and the types of jobs offered generally draw their employee pool from close proximity to the.worlcsite. Quality of Place This area encourages partnerships among the various community members and stakeholders to create a quality of place that attracts and retains the creative .community. 1) Promote public space, art and parks in approval of large development projects-- Buckhorri Village will have an open space plan and encourage local events in these spaces. 2) Target incentives to businesses that enhance the quality of place---the BOCC might use the revolving loan fund to this purpose. High end retail and hospitality in the project might provide unique outlets for artists and other creative products. 3) Enhance rural character by supporting farmers markets in multiple locations- again, the public space planned for this project might be used for this purpose. 4) Attract and retain a creative community of innovators, artists, and civic leaders- unlikely to be a core objective or outcome of this particular project, but the tax revenue from Buckhorn Village can be used to support organizations that contribute to the quality of place in Orange County. Conclusions The Economic Development Commissions supports the Buclchorn Village project and encourages the Orange County Board of County Commissioners to approve the project and facilitate its review and development. This project provides a positive opportunity to place an appropriate economic development project in a location that has been long identified and approved for this purpose. It specifically addresses the significant and problematic issue of increasing retail leakage from Orange County, and additionally provides the opportunity to capture retail dollars along a heavily traveled transportation corridor. It adds significant value to the non-residential 1 property tax base. The involvement of local developers familiar with both county development ordinances and a track record of understanding and respecting county cultural preferences increases the likelihood of a smooth collaborative process with a positive outcome for the county and its residents. There was significant discussion around two issues; that of this project's environmental stewardship and whether the operating businesses will offer a living wage. In the first matter, we are confident that the Plamiing Board and the County's planning staff are, well equipped to appropriately represent the County's interest in this area. In the second matter, it is the position of the Economic Development Commission that a healthy overall economic development strategy a) provides employment options throughout the salary and skills spectrum and b) understands the overall interdependence of a healthy economy as including retail, service, non-profit, professional, and light industrial development to strengthen the tax base as well as provide employment opportunities. We encourage the BOCC to assess the overall contribution of any single economic development in context to the County's broad strategic goals, understanding that any one project will present with some specific strengths, as well as some weaknesses. The Five Year Plan is best used as a tool to measure overall progress as demonstrated through multiple and diverse. economic development opportunities. The EDC encourages the BOCC to work on attracting and supporting diverse economic development options that will, as a whole, moves the County's goals forward. The Buckhorn Village project makes an important and significant contribution on multiple fronts and we endorse and encourage its approval. Respectfully, Bryant M. Colson, Chairperson Orange County Economic Development Commission Anita Badrock, Vice-Chairperson Orange County Economic Development Commission E~ LEED for Retail -New Construction PILOT Project Checklist -Pilot Scorecard tisi2oo8 Certified: 26-32 points Silver: 33-38 points Gold: 39-51 points Platinum: 52-70 points Footnote 1 2 3 4 5 6 7 8 9 10 11 1 11 1 '1 12 1 1 2 1 2' 13 14 15 16 17 18 19 20 21 1 1 1 -_ 3 1 1 - 1 1 1 5 5 1 Sustainable Sites 16 Possible Points Prereq 1 Construction Activity Pollution Prevention Required Credit 1 Site Selection credit 2 Development Density & Community Connectivity Credit 3 Brownfield Redevelopment Credit 4 Alternative Transportation A. Public Transportation Access (1 point) B. Bicycle Storage & Commuting (1 Point) C. Low Emitting & Fuel Efficient Vehicles (1 Point) D. Parking Capacity (1 Point) E. Delivery Service (1 Point) F. Incentives (1 Point) G. Car-Share Membership (1 Point) H. Alternative Transportation Education (1 Point) Credit 5.1 Site Development, Protect or Restore Habitat Credit 5.2 Site Development, Maximize Open Space credit s.1 Stormwater Design, Quantity Control credit s.2 Stormwater Design, Quality Control Credit 7.1 Heat Island Effect, Non-Roof Credit 7.2 Heat Island Effect, Non-Roof Credit 7.3 Heat Island Effect, Non-Roof credit ~.a Heat Island Effect, Roof credit a Light Pollution Reduction Subtotal Water Efficiency 5 Possible Points Credit 1.1 Water Efficient landscaping, Reduce by 50% Credit 1.2 Water Efficient landscaping, No Potable Use or No Irrigation credit 2 Innovative Wastewater Technologies Credit 3.1 Water Use Reduction, 20% Reduction Credit 3.2 Water Use Reduction, 30% Reduction Subtotal Energy & Atmosphere 17 Possible Points Prereq 1 Fundamental Commissioning of the Building Energy Systems Prereq 2 Minimum Energy Performance Required Prereq 3 Fundamental Refrigerant Management Required credit 1 Optimize Energy Performance credit z On-Site Renewable Energy credit 3 Enhanced Commissioning Credit a Enhanced Refrigerant Management Credit 5 Measurement & Verification credits Green Power Subtotal Req. 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Req. Req. Req. 1-10 1-3 1 1 1 1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Materials & Resources 13 Possible Points Prereq 1 Storage & Collection of Recyclables Required credit 1.1 Building Reuse, Maintain 75% of Existing Walls, Floors & Roof Credit 1.2 Building Reuse, Maintain 95% of Existing Walls, Floors & Roof Credit 1.3 Building Reuse, Maintain 50% of Interior Non-Structural Elements Credit 2.1 Construction Waste Management, Divert 50% from Disposal credit 2.2 Construction Waste Management, Divert 75% from Disposal Credit 3.1 Materials Reuse, 5% Credit 3.2 Materials Reuse, 10% credit a.1 Recycled Content, 10% (post-consumer + 1/2 pre-consumer) credit a.2 Recycled Content, 20% (post-consumer + 112 pre-consumer) Credit 5.1 Regional Materia1s,10%'Extracted, Processed & Manufactured Regionally Credit 5.2 Regional Materials, 20% Extracted, Processed & Manufactured Regionally credits Rapidly Renewable Materials Credit 7 Certified Wood Subtotal Indoor Environmental Quality 14 Possible Points Prereq 1 Minimum IAQ Performance Required Prereq 2 Environmental Tobacco Smoke (ET$) Control Required Credit 1 Outdoor Air Delivery Monitoring credit 2 Increased Ventilation Credit 3.1 Construction IAQ Management Plan, During Construction Credit 3.2 Construction IAQ Management Plan, Before Occupancy Credit a Low-Emitting Materials, A. Adhesives & Sealants (1Point) B. Paints & Coatings (1Point) , C. Flooring (1Point) D. Composite Wood & Agrifiber Products (1 Point) E. Furniture (1Point) F. Ceiling & Wali Systems (1Point) credits Indoor Chemical & Pollutant Source Control credits Controllability of Systems, Lighting and Thermal Comfort Credit 7.1 Thermal Comfort, Design Credit 7.2 Thermal Comfort, Employee Verification Credit 8.1 Daylight & Views, Daylight 75% of Spaces Credit 8.2 Daylight & Views, Views for 90% of Spaces Subtotal Innovation & Design Process 5 Possible Points err x Credit 1.1 Innovation in Design .< Credit 1.2 Innovation in Design `;~~_: credit 1.3 Innovation in Design `.~~~~.~~ Credit 1.4 Innovation in Design 1 ~.;_ credit 2 LEED Accredited Professional 1 0 0 <; Subtotal 22 30 ~.~1s'. .Project Totals 70 Possible Points Req. 1 1 1 1 1 1 1 1 1 1 1 1 1 Req. Req. 1 1 1 1 4 1 1 1 1 1 ~ ~ /[~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 17, 2004 Action Agenda pent No. _ ~~..,..A,. SUBJECT: city of Mebane -Orange County Service Area Agreement far Buckhorn EDD Area DEPARTMENT: BOCC, County Manager, PUBLIC HEARING; (YIN) No County Attorney, & Planning ATTACHMENT(S): 1. Resolution Approving an Interlocal Agreement 2. lnterlocal Agreement 3. Map and Table of the Area INFORMP-TION CONTACT;. . John M. Link, Jr., .County Manager, ext. 2300 Geoffrey Gledhill, County Attorney Craig Benedict, Planning Director, ext 2592 TELEPHONE NUMBERS: Hillsborough. 732.8'181 Chape) Hill 968-4501 Durham 688 7331 Mebane 336-22?-2031 PURPOSE: To adapt a resolution approving an Interlacal agreement between the City of Mebane and Orange County providing for Mebane utility service areas within Orange County's planning jurisdiction in the 1-85/Buckhorn Economic Development District {EDD) area. ... BACKGROUND: The 1-85IBuckhorn EDD area was designated in 1994 on the land use plan. It was carved out of an area that had been designated as a Commercialllndustrial Node in the mid 1980s. The area encompasses approximately 1000 acres and is shown on the attached map and table. Sewer, and water utility service is necessary in Areas 1 a and 2a of the I-85/ Buckhorn EDD area to provide development opportunities within the EDD area. Sewer and water utility service will be available in Area 1 b to provide development opportunities in an area designated as a Commercial/industrial node in the land use plan. Sewer and water service is necessary in Area 3 to provide relief for the septic system problems experienced by the people living in that area as advocated by the "People for Progress". The proposed interlocal agreement between Orange County and the City of Mebane provides a means bywhich development of the EDD can occur while protecting the interests of bath jurisdictions, Orange County Middle School #3 is proposed to be located within the I-85/Buckhorn EDD. FINANCIAL, IMPACT: There are no immediate financial impacts associated with approval of the resolution. There are, however, future yet-#o-be-determined financial impacts far both jurisdictions associated with the extension of water and sewer and other services and the subsequent development in the EDD. RECOMMENDATIONS}: The Manager recommends that the Board adopt the resolution. 2 ~F~1Vt9E C-Q~~T~ ~i~~~..® ~F ~;®M~lll'..A' ^~dUI~IEB'~$ C. ~HEitEAS, the City of Mebane is in part located in Orange County; its extra-territorial planning jurisdiction is also in part located in Orange County; and WFIECREAS, in 1999, the~City of Mebane and Orange County began discussions to pursue elements of cooperative planning in areas of.mutual interest; and '~IHEREAS, cooperation and communication between governments are important facets of quality land use development and effective government; and 1~1HEREAS, as a result of the discussions, a 1999 resolution of agreement regarding satellite .annexations was approved; and WHEREAS, ongoing cooperation since then has fostered continued dialogue regarding land use and utility planning in the area of western Orange County near the City of Mebane; and WHEREAS, Orange County's land use and zoning plans designate areas near Buckhorn, Road and U85 - IJ40 as an Economic Development Districts which is compatible in use with existing .industry in the area and intended to promote a high quality pattern of non-residential growth; and WNEI~EAS, some existing homes and churches in the area have been reported to have fragile well and septic systems; and WHEREAS, development activity in the I-85/Buckhorn Raad EDD has not occurred because of a lack of public water and sewer; and WHEREAS, Orange County wants to partner with the City of Mebane to make possible the installation of public water .and sewer in a part of the I-85/Buckhorn Road EDD and #o Commercial/Industrial nodes in the vicinity of the I- 85/Buckhorn Road EDD to provide public water and sewer service to existing homes, where possible, and make available public water and sewer service to new eccinomic development activity; and WHEREAS, Orange County has obtained a $9QQ,QOQ grant from the federal government to ins#all a primary sewer system in the area; and WHEREAS, research shows that the City of Mebane is a logical choice as a public sewer and water provider based an its proximity and technically sound infrastructure and available capacity to provide potable water, sewer treatment and fire suppression system pressures; and WHEREAS, an interlocal agreement can set the limits of utility service, so areas will be clearly delineated where public water and sewer systems will be available and where they will not be available; and WHI=REAS, the development process is intended to occur under Orange County`s EDD besign Guidelines and/or zoning regulations white under Orange County's jurisdiction employing a collaborative courtesy review process with the City of Mebane; and WHEREAS, pursuant to the interlocai agreement, property owners/developers desirous of public water and sewer will. sign a utility agreement with the City of Mebane; and WHEREAS, properties not within the Gity of Mebane are subject to City of Mebane `out of town' rates far water and sewer service; and WHEREAS, Orange County has a role in helping locate schools on appropriate sites having desirable characteristics such as compatibility with County land use planning and having readily available public water and sewer utility services; and WHEREAS, the Orange Gaunty Board of Education has identified the Efland/Cheeks/Mebane community as the area where a new middle school would best meet the needs of the school population in the school district; and WHEREAS, the Orange County Board of Education has identified a potential school site within the I-85/Buckhorn Road EDD and adjacent to the care elements of a proposed wastewater collection system intended to serve the I-85/Buckhorn EDD; and 4 WHEREAS, the projected opening for a new Orange County Schools middle school puts time constraints an school site acquisition, school design, school C. construction activities and whatever utility construction is required to ensure that water and wastewater utilities are available to the site; and Wi•IIEREAS, such an Interlacal Agreement is in the best interests of the citizens of the City of Mebane and the citizens of Orange County. Nt3W, THEREI;®RE BE lT REStaL.VED, that the public water and sewer service agreement, a copy of which is Exhibit A hereto, is, subject to final review and approval as to legal form by the County Attorney, approved, The Chair and the Clerk to the Board are authorized to sign the agreement in its final form. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adapted this the day of 2004. 1, Donna S, Baker, Clerk to the Board of Commissioners for the County of grange, North Carolina, DC7 HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2004 as \_ relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book Na of the minutes of said Board. 2004. WITNESS my hand and the sea! of said County, this day of , Clerk to the i3oard of Commissioners 5 STATE OF NORTH CAROLINA UTILITY SERVICE AGREEMENT COUNTY OF ORANGE THIS AGREEMENT made and entered into this the day of ,2004, by and between The City of Mebane, a North Carolina Municipal Corporation (hereinafter sometimes referred to as "the City" or "City"'} and The County of Orange, a political subdivision of the State of North Catalina (hereinafter sometimes referred to as "the County" ar County"). WINESSETH: WHEREAS the City of Mebane as an incorporated municipality operates a public water supply and distribution system and a public waste water collection and treatment system (sanitary sewer); and WHEREAS there exists in defined areas of Orange County a need to extend water and sewer treatment services to unincorporated areas of'the County to provide such services to a proposed public school facility, public recreational facilities, defined areas where residential uses are permitted, and to a portion of an area designated an the Orange County Land Use Plan as the I-85/Buclchorn Road Economic Development District; and WHEREAS the County is willing to install the necessary connections to the Mebane water and sewer systems and to install the autfall lines, water mains and related facilities including sewer lift stations as required for said service; NOW, THEREFORE, the Parties, in consideration of the mutual covenants herein contained agree as follows: 1. Seavice area. The area to be served includes an area designated a "CommerciaUlndustrial node" on the Orange County Land Use Ptan located on the south of I-SS/I-40, a portion of the I-85Buclr~horn Road Economic Development District. Said areas are identified as "1 a," "lb," "2a" and ".3" on the map attached hereto as Exhibit A, said rnap being incorporated herein by reference. The service area thus created contains a number of existing residential structures and one or more churches presently served by well and septic systems which will be eligible to be connected to the public water and sewer systems that are the object of this agreement. 2. Construction of facilities. Orange County shall, at no expense to the City of .Mebane, be responsible for the construction of the necessary water mains, sewer outfall lines and lift stations necessary to service the areas described above. Connections to the existing City systems will be made at points mutually agreeable to the parties. The County shall be responsible far securing the necessary permits, eneraaeIunent agreements, and approvals for 6 the ra'ect from an re Mato a envies as shall be a livable. 'The City `` p J Y g D' g Pp agrees to co-operate and assist the County as requested in the securing of said permits, approvals, and encroachment agreements. All such lines and facilities shall be constructed to existing Gity of Mebane standards; Plans and specifications shall be reviewed and approved by the City Engineer prior to awarding contracts for construction. :3. Ownership and Maintenance. Upon completion of the improvements described above, County shall by appropriate instrument transfer ownership of same and any easements ar lift station sites to the City ofMebane. From and after said transfer, the City shall be responsible for all upkeep, operation and maintenance of the lines, lift stations, and related facilities; such upkeep, maintenance and repair or replacement to beat the sole cost and expense of City. ~, Service Standards. Upon completion ofsaid facilities, City agrees that it will provide water and sewer service to the service area. Said service will be provided utilizing water and sewer rates. uniformly applied within Mebane's service areas to properties similarly situated. Connected properties maybe charged normal hook up or tapping fees, and connection or impact fees but will not be charged any assessment or fees in lieu of assessment designed or intended to recoup construction costs. Individual connections other than existing residential uses ar the public uses described above shall be subject to the approval of the pity of Mebane: Provided, however, such approval shall not be uru~easonably withheld and shall be based on the. capacity of the, system and the ability of the City's water and sewer system to provide service within the entire service area of the City's water and sewer systems, consistent with the resources available to the City, The City acknowledges that industrial and commercial uses are designed for inclusion within the I-85/Buckhonn Road Economic Development District and that such uses, if permitted by the County, will be served subject only to capacity issues, Individual users will be required to comply with system-wide regulations applicable to City water or sewer customers. Provided, however, applications far service for property located east of Buckhorn Road within the service area shall not be required to be accompanied by an application to the City far annexation into the corporate limits of the City. 5. Planning Standards. Each party to this Agreement shall retain such planning and regulation ofdevelopment powers and authority within the service area as shall now exist or are hereafter expanded or modified by North. Carolina Statutes and agreements made from time to time by the City and County which agreements are authorized by North Carolina Statutes. Nothing contained herein shall be construed to limit or to expand any such regulatory or planning jurisdiction or to limit the power of the City to annex into its corporate limits properties within the service area. 6: Additional Documentation. The parties agree to execute such other and further documentation or agreements as shall be necessary ar desirable in effectuating this Agreement. IN WITNESS V~THEREt~F, the parties hereto have caused this Agreement to be executed the day and year first above written. THIS AGREEMENT entered into this day of , Chair, Orange County Board of Commissioners ATTEST: Clerk to the Baard of Commissioners Mayor, City of Mebane ATTEST: City Clerk lss:orangecounty\orangeutility agmtrevised by GEG clean doc b w =< ba a s ~ ` ~a n m G N ~ ~ u~+c e~ ~ tau`- n e h~ Zg ~, ~ wt~ a e~y ~,` ag"a ~~Ns~B ';~3ac~ $o~o.,e,r, .,,~.,~,~., - ~aq ~~€€ O ~L [I ic''~~t~-rn o ~ ~ °n ~ ~ E - g :` ~ °u °v °v ~ d~~~R^~f;:~^~S~~~dR3:~ ~ R~^ 5~ C L on~ryfl(5~'1~57&n~~_~ a~a'o rV~~tcgf v nay Ft ~.u 0 0 ~~ ~ ~L4 QUQ~0~®~~ YQ~Ci t9 L51~~ XaeAA.••r 3iiAAM1moaoO- 9~ E L ^ rr- x~c <~'Y~ ~f7'. 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O M ,~ ~ ~ ~ ~ ~ ~ "~ ~ ~ O ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ t-i ~ ~ ~ N ~, c~ ~ ~ -~ N ~ S~ N ~~ ~ ~ ~ 3'b ~ ~ F, ~ ~ ' a i `~ N .~ i~ + ~' FI o ~ p~ ~ ~ ~ p `j ' 7 '~G ® O y ~ ~ O ej~ H CS ~ y a~ d ' ~ Q i H ~ r y I~ c~ Pi ~ ~ O U O ~ ~ o ~, ~ ~ W ~ ~ ~ ~ ~' , I2 Some Reflections on the Document "Economic Impact .Analysis of the Buckhorn Village Project on (sic] Orange County, North Carolina, May 2008," "developed by The Sanford Holshouser Business Development Group" (no author given), by Craufurd Goodwin, James B. Duke Professor of Economics, Duke University The Buckhom project is presented to the citizens of Orange County mainly in terms of its supposed economic benefits. Therefore it is essential that the citizens receive an independent and balanced economic assessment. Here are my thoughts on what we have been given in this document and what we continue to need. There is a need for. two kinds of estimate related to this project: the first, a "fiscal" estimate should provide the best guess of the likely impact of the project on the expenditure responsibilities and revenue streams of County government; the second, an "economic" estimate, should contain the best guesses about the impact of this project on the economy of Orange County and its citizens as workers, consumers, retirees, unemployed etc. Pieces of these two estimates are presented here, all tangled together. Neither one is close to complete. My most serious concern about this document is that it is not the detached, probing, skilful, balanced, examination of this project that we require. Instead it is another advocacy piece designed to cast only the best light on the proposal. This is the sort of document that we may expect to receive from a developer, exaggerating the positives and neglecting the negatives. Indeed it has been prepared by a "business development group," which undoubtedly spends much of its time producing booster pamphlets of this kind for clients. It is an embarrassment that presumably our tax dollars were spent to purchase this report. There is not time nor need to give a full discussion of the document, but let me offer a few observations to support my criticism. First, the author depends far too heavily and uncritically on data provided by the developer, such as "new annual properly tax revenue," which for starters are not.expressed as gross or net (e.g. ~if property values of other retailers in the County, current or projected, are reduced by this project "net" becomes very important). In. the same veiri, will projected sales at Buckhorn, used to calculate sales tax revenues, impinge on sales at other malls in Orange County; it seems likely and so again "net" becomes significant. That the document gives as its only two references the "Barnes report" that was handed to us recently and a "Renkow report" that is not well described as to origin, must give us pause. Barnes in a cost benefit analysis chose to list only benefits but not costs, and even though prepared also by a booster group is used in this document as an authority throughout on such critical topics as "new retail sales tax" and new "construction jobs." One of the main arguments of this report, highlighted in the Executive Summary, is that Orange County is "underserved" by retail because it has a lower income to sales ratio, and income to retail employment, than other counties. It is said, xegretfully, that funds are "leaking" out to other counties. Does this imply that we are "over-served" with education and medical services where our comparative advantage lies, or that we should deplore the /`i fixnds "leaking" into our county to purchase these services. This fallacious argument, which ignores the benefits of the division of labor, is superficially appealing to those, who do not think hard about it. That is why it is used so much in defense of protective tariffs and other impediments to trade. It suggests that, carried to the extreme, the ideal condition would be where everyone lived in a condition of autarky on their independent homesteads, and there was no "leakage" into trade with anyone. Adam Smith wrote the Wealth of Nations in 1776 to counteract what he called these fallacious "mercantilist arguments." Just think of where this argument leads us in this case. Typically retail wages and benefits are lower than the average in most economies, certainly including Orange County; therefore, it is suggested that in the present circumstances of near full employment we should encourage more retail trade which would then reduce the Orange County average. It is a shame that after all this time we have to pay for nonsense like this. Against this background let me raise some specific questions about some points made. that I found unusually strange. p. 3. There will be 200 new residential units in this development. Of what kind? It is well-known that some types of new residential housing bring a net loss to the county; i.e. those where induced expenditures exceed tax revenues. We are told this will be "minor". Why not say how much? p. 4. This project is said to reduce "out-commuting" and clogged roads. Has this projection been thought through at all? What commuters to Raleigh, Durham or RTP will (, give up their jobs to work in retail at BV? And how many of these commuters do their shopping on the way home and can be expected to change these habits by driving to Buckhorn? .And the success of this project will depend supposedly on "destination shopping" which with several thousand cars a day will surely add to, rather than reduce, clogged roads and air pollution (note we have had code orange days already this year). This is also presented as a "shop locally" project. But how many residents of Hillsborough, Carrboro, and Chapel Hill can reasonably be expected to drive to Mebane for products that are abundantly available now in shops close by. Many of the generalizations on this page I found are either wrong or unsupported. The relationship between residential and commercial and industrial development cannot be so simply described as it is here. Some parts of the former development (think of a $2m home with two elderly people - no schools, no crime, no pollution) have very positive fiscal impact, while some of the latter have a very negative'one (think of an asphalt plant). You simply cannot generalize. , p. 5. The sloppy presentation of material in this report makes any reader suspect that it was not taken seriously by the anonymous author. Let me offer just two examples on this page "once fully development" "within the probably annexation area". The NC State study was prepared "for Background Information." What does this mean? Whose background? Who paid for it? pp. 9-19. To cut things short, here are three areas where I find this report especially ,( deficient. 2 First, the rosy conclusions of the report depend heavily on the assumption that Mebane will annex this area within a year after construction starts. But, if there is no contractual arrangement with Mebane to do so surely the only responsible assumption is that they will NOT annex. Otherwise Orange County could be left holding a huge and very expensive bag. Then, even if we accept the assumption of annexation there is the matter of public service responsibility until it occurs and the question of whether Mebane, after annexation, would be able to take responsibility quickly for such challenges as fighting fire in a six story building. Second, the effect of this development on other existing and potential retail in Orange County should be taken carefully into account. Waterstone stands ready with infrastructure in place only a few miles away. Would Buckhorn suck the life out of it? What would be the implications for the County and the Town of Hillsborough if this were to happen? Finally, and perhaps most important, this document brushes off the implications of the addition of a thousand or so low-wage workers at Buckhorn to the Orange County workforce by suggesting that they will come from other Orange County employment (which seems highly unlikely and would, in any case, be simply displacement) or that they would be commuters from other counties. The latter suggestion seems especially absurd. How many $8 per hour workers could afford to commute from Burlington or Greensboro with $4 per gallon gasoline? And remember we have practically no public transport in Orange County to such far flung places. Surely the most reasonable assumption is that like other low wage enterprises in North Carolina, from hog farms and slaughter houses in the east to textile mills in the west, low-income housing will sprout up nearby and the costs of education and public services for the inhabitants will have to be borne by county government. A careful estimate of these costs should be prepared. Bottom Line I do not have a clear picture at all of whether this project would,.on balance, b e good or bad for Orange County, and I cannot see how anyone else could reach a sound conclusion without serious fiscal and economic estimates that have yet to be prepared. I urge the Planning Staff to approach the Director of the Institute of Government to request advice on an appropriate independent consultant (perhaps a faculty member or recent graduate) who could perform this task from the perspective of all the citizens of Orange County and not just that of the developers, which is all we have seen to date. If we are told that there is no time for such an action I would reply that due diligence is far more important than haste. 3 ~~-3 EFLAND-MEBANE SMALL AREA PLAN INFORMATION Below are P1ammlg Staff s responses to the e-mail inquiry sent on May 9, 2008 by Planning Board member Michelle Kernpinski. These questions relate to the Efland- Mebane Small Area Plan (EMSAP) adopted by the BOCC in June 2006. Recommendations within the document are being implemented and pursued through collaborative efforts of the community and elected officials. The plan did not suggest any change in land use for the existing Economic Development District where Buckhorn Village is proposed to be located. Applications are reviewed within the existing plalniing constructs that have supported the adopted future land use plan for the area (see Plamung in Cheeks Township, OC Planning May 2008). 1. * One of the EMSAP recommendations was that the County work with the City of Mebane to establish an interlocal agreement that would provide a land use buffer between the City' (and it's continued annexation eastward into the County) and the Efland community. As well, the EMSAP states "The City of Mebane's growth within Orange County in recent years has been a concern to county government because of the impacts the growth has on county operations such as public schools, social services, transportation, and emergency services." Since the adoption of the plan in 2006, has there been any progress to establish this interlocal agreement with Mebane for the Efland area? Staff Response: The SAP does not state that a formal land use buffer would attempt to be negotiated with the City of Mebane but rather that a growth boundary agreement might be a possible solution. The plan contains a recommendation of page 76 that the City of Mebane and Orange-Alamance Water System should be invited to become signatories to the Water and Sewer Management and Planning Boundary Agreement (WSMPBA) to define and agree to foreseeable limits to water and sewer services. On page 77, the Plan states that that two governments should work cooperatively to create and agree to a Joint Planning Understanding or Agreement; this was not intended to imply that such anUnderstanding/Agreement would follow the Agreement between Orange County, Chapel Hill, and Carrboro which established a formal Rural Buffer in the southeastern portion of the County. Orange County officials have met with City of Mebane officials since adoption of the plan (as well as in the years prior to 2006). To date, the City of Mebane has not shown a significant inclination to enter into a written agreement with Orange County but periodic meetings between elected officials and management staffs continue to be held to discuss issues of mutual concern. 2. * As the EMSAP states...Efland residents have expressed concerns over the amount of time the sewer proj ect (first initiated in 1984) has taken to implement. The need for a long range Master Plan and associated funding sources for water and sewer service has been discussed for areas of Efland (both on the 'unadopted' 1984 Sewer Plan and the Adopted 2001 Sewer Plan) that lie outside of the Economic Development district. What is the County's progress on the Water/Sewer Master Plan and/or to provide water and sewer service to 2001 Plan areas of Efland that lie outside of the EDD? Staff Response: The County issued an RFP for consultant services for the Efland Area Sewer Master Plan earlier this year and responses from interested consultants were due March 3. (The RFP materials can be viewed at: http://www.co.oran eg nc.us/purchasing/documents/rfpeflandsewercomplete.pdf). Interviews and consultant selection have not yet occurred as County management and elected officials are working on addressing the budget shortfalls for the other sewer projects in the area. The planned extensions of the existing Efland sewer system (County operated system) and the North Buckhorn system (City of Mebane service) were heard in a public hearing format on April 1, 2008 and May 1, 2008 (Agenda Abstracts are available on the County's BOCC Agenda website for further information: http://www.co.orange.nc.us/OCCLERKS/agenmenu.asp). Budget shortfalls for these projects are being discussed as part of the Budget process currently underway for the '08- '09 fiscal year. Permitting for these projects continues at the State level. 3. * From the EMSAP, "Residents in the planning area have expressed concern over the potential of their homes and land being annexed against their wishes by a municipal government. In' past years, some residents have discussed the possibility of incorporating the community of Efland to better ensure self-governance: in the future. Another possible solution would be to establish a growth boundary agreement with the City of Mebane. Such an agreement could ease resident's concerns about annexation and. provide a more solid basis for all entities in the area regarding future planning." It is recommended that the County charge a task force (to establish Efland's incorporation): to determine which, if any, areas of the planning area would be eligible for incorporation under revised State laws regulating new incorporations; to complete a survey of residents of any eligible areas to determine their stance on incorporation; and to explore the feasibility of any other avenues that maybe taken to ensure the preferences of the area residents are addressed. What is the County's progress toward establishing this task force or creating a growth boundary agreement with Mebane? Staff Response: This is related to the interlocal agreement issue addressed above (please see response to first question above). It should be noted that in recent years the General Assembly has viewed unfavorably incorporation attempts made primarily to avoid annexation by an existing municipality. It should also be noted that there is currently a proposed bill before State legislators to impose a moratorium on involuntary aiulexations until June 30, 2009. (Judith Wegner is serving on the State Committee addressing this issue). Additionally, the plan states that agreements with the -City of Mebane are the preferred method of addressing citizen concerns regarding possible annexation and should be undertaken as the first priority. 2 As an aside, an additional point regarding this issue is that Interlocal Agreements are good-faith agreements between governments. Even the Joint Plamziug Agreement that exists between Orange County and the Towns of Chapel Hill and Carrboro contains withdrawal procedures should one or more governments choose to terminate the Agreement. Municipalities are not likely to abrogate their ability to annex in accordance with powers granted by State law. Staff has rioted two paragraphs included in the original a-mail that should be clarified. Tlzey are as follows: Local citizens have discussed the idea of potentially incorporating the Efland area for a number of years. However, no formal action has occurred on the topic for a number of reasons, including the fact that property taxes would increase if a town government were established. One of the primary motives for incorporating was concern over the possibility of being annexed by the City of Mebane. However, as discussed in previous sections of this plan, there maybe other avenues to explore if this issue is the main reason residents would like to incorporate. For instance, agreements with the City of Mebane could be entered into. _i{Staff Note: the last sentence of this paragraph is not shown in the e-mail.. Itr_eads:__A~reements with the City of Mebane are the ureferred method of addressing citizen concerns re~ardin~ possible annexation, and should be undertaken as the first priori It is recommended that a task force (to establish Ef1and's incorporation), be established: to determine which, if any, areas of the planning area would be eligible for incorporation under revised State laws regulating new incorporations; to complete a survey of residents of any eligible areas to determine their stance on incorporation; and to explore the feasibility of any other avenues that maybe taken to ensure the preferences of the area residents are addressed. {{Staff Note: In the adopted plan, this paragraph reads as follows: If measures to address citizens concerns about potential annexation and preserving and protecting the integrity of the Efland area prove inadequate, consideration should then be given to establishing a task force to study annexation. Such a group could determine which, if any, areas of the planning area would be eligible for incorporation under revised State laws regulating new incorporations; to complete a survey of residents of any eligible areas to determine their stance on incorporation; and to explore the feasibility of any other avenues that may be taken to ensure the preferences of area residents are addressed.}} Submitted by Applicant ~. ~ l~ IMPACT ANALYSIS BUCKI-I®I2N VILLAGE . Proposed Planned Development/Special Use Permit ®range County, NC For Buckhorn Village Associates, LLC 190 Finley Golf Course Road Chapel Hill, North Carolina 27517 Everett V. Knight Chapel Hill Appraisals & Consultants P. O. Box 16625 Chapel Hill, North Carolina 27516 Date of Report March 31, 2008 File Number - - C030809 Everett V. Knight Chapel Hill Appraisals & Consultants PO Box 16625 Chapel Hi11, NC 27516 (919) 932-9908 Mr. John Fugo March 3 1, 2008 Buckharn Road Associates, LLC 190 Finley Golf Course Road Chapel Hill; NC 27517 Subject: Impact Analysis of the Proposed Buckhorn Village Planned Development- Economic District, and Class A Special Use Permit located at the Intersection of I-85 & Buckhorn Road in western Orange County, NC Dear Mr. Fugo, In response to your request, and as outlined separately in our Engagement Letter, I have investigated and summarized the potential impact of the .proposed Buckhorn Village Planned Development -Economic Development District (BVPD-ED) & Class A Special Use Permit on the site (as if 100% complete) on the surrounding neighborhood area. j The property is located at the southeast career or the intersection of I-85/40 and <- Buckhorn Road (SR 1114), in western Orange County approximately one (1) mile from the Orange/Alamanee County line. The site consists of multiple parcels totaling approximately 130 acres, according to the application and supporting documents filed with the Orange County Planning Department. The properties are currently zoned EDD (I-85Buckhorn Road Econornie Development District). I-85/40 is the major east-west transportation arterial in central Orange County and Buckhorn Road is a major north- south arterial in western Orange County. (See Buckhorn Village Public Notice Map Addendum attached). The proposed Buckhorn Village BVPD-ED/SUP seeks to develop over one million square feet of retail, service, office, and limited residential land uses all under a single unified development control plan. This development would be controlled. by a comprehensive master land use, development standards, utilities, multi-modal transportation, and open space program, according to Orange County Planning. This Report describes my opinion of the effect of the "Assumption" that the proposed Buckhorn Village Development is 100% complete per the proposed BVPD-ED/SUP on the surrounding properties and neighborhood: An Assumption or Extraordinary Assumption is defined as: an assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions (Assumptions presume as fact uncertain information, in this case it is assumed 100% compete per the BVPD-EDISUP). The attached analysis is in two parts. The first section contains a more detailed description of the property both as it is currently configured and as if the overall site would be configured as proposed and "Assumed" 100% complete; and the site is fully developed per the proposed BVPD-ED/SUP, as further described in the Application, as well as relevant information about the neighborhoad and its relation to the subject. This section addresses the surrounding neighborhood harmony issue. The second section is a summary of my investigations and data analyzed, and the reasoning behind my conclusions. This ~ section addresses the issue of the likely effect of the proposed Buckhorn Village BVPD-ED/SUP, as if 100% complete, on the values and marketability of the immediate surrounding neighborhood area. Based on this information grid analyses, it is my opinion that the proposed Buckhorn Village BVPD-ED/5UP when 100% complete will have ago negative effect on the value or marketability on the immediate surrounding area and will not injure the surrounding properties or neighborhood. 'Thus, the surrounding properties and the general neighborhood vicinity near the proposed Buclihorn Village project should maintain their current market values, and over tinge, their appropriate appreciation levels. Respectfully submitte , ________ Everett V. Knight (A2823 Chapel Hill Appraisals & Consultants North Carolina Certified Residential Appraiser r .. ~~r~~s cve~~~f~'S]. tc,,;~p ~,aflry ,~; >~ ° ~M ~ " ~r A2623 ~ x- " ~'~',/ FSraT~ ree?, Q~~ ~~~17A L PpQ~' f« u n1~SC~TIC~-IV ®>F T~ su~r~cT Sly Lm~~timn The property is located at the southeast comer of the intersection of I-85/40 and Buckhom Road (SR 1114), in western Orange County approximately one (1} mile from the Orange/Alamance County line. Currently the property is known and operated as Buckhom Jockey Lot, a community flea market. Shape a.nd Size The shape of the site is irregular, and contains approximately ' 130 acres. The site is served by I-85/40 to the north, Buckhorn Road to the west and Old West 10 ,to the south. See Buckhom Village Planned Development -Public Notice Proposed Zoning Atlas Addendum attached. Zoning and Neighboring I1anc1 ~7ses C~ The properties are currently zoned EDD (I-85/Buckhom Road Economic Development District), and originally adopted by the Orange County Board of Commissioners on March 1, 1994 as amended. A portion of the property located on the west side of Buckhorn Road is zoned Residential One (R 1). I-85/40 is the major east-west transportation arterial in central Orange County and Buckhom Road is a major north- south arterial in western. Orange County. (See Buckhorn Village Public .Notice Map Addendum attached). As stated, the majority of the property is currently known and operated as Buckhorn Jockey Lot a community flea market. There are numerous structural improvements to the property, including gravel travelways, parking lots and accessory buildings and food concessions. There are several residences in the area including single-family residential site built houses and manufactured homes. Most residences are typically located on parcels of approximately 1 acre or larger. Other residential properties exist in the area and are located on parcels in excess of one acre, with some supporting agricultural activities. Immediately to the west and across Buckhom Road is an existing major Truck Stop and restaurant operation, known as Petro Truck Stop & Iron Skillet. This operation includes traditional vehicle mechanical service, fuel sales, auto wash, restaurant, and supporting retail operation. This existing operation is located on approximately 31.2 acres. This operation is governed by the Town of Mebane zoning jurisdiction_ The Town of Mebane also provides public utilities to the area including similar properties north of I-85/40. Topography The topography is considered gently rolling and generally wooded except for that portion that is the existing Jockey Lot flea market operation. Drainage appears adequate, with no known or observed flaodplain. No known floodplains would be impacted by the proposed Buckhorn Village development. Elevations range from a high of approximately 725 Feet along Buckhorn Road down approximately 680 feet along the extreme western edge of the property. A small intermittent wet weather creek is located at the extreme western edge of the property and is not represented as a flood prone area on any FEMA maps. The outer boundary of the~property is buffered by existing mature vegetation. Soil Conditions No known or observed soil nor sub-soil problems were observed and none are assumed. Buckhorn Road Associates, LLC reported no known problems. Access The overall site consists of multiple parcels, which. mostly are accessible from Buckhorn Road. One parcel is directly accessed by Old West 10. All parcels have direct public access. An existing entrance of a combination of asphalt and gravel currently serves the Jockey Lot flea market, with a secondary gravel access off Old West 10. Vegetation Although a large portion of the property was logged many years ago, relatively mature woods -mostly pines with some hardwoods -now cover the majority of the property. A smaller portion of the interior is open and used as the Jockey Lot flea market. JEasements/Encroachments An existing Natural Gas Easement was observed to cross a portion of the property, generally running north-south from West 10 to I-85/40. This easement is not considered adverse to value or marketability and could provide support for enhancing the overall functionality of a developed site if Public Service Gas determines there is sufficient capacity for such. Na other easements or encroachments are known or observed at inspection and none are assumed. ~aprovements As stated, the majority of the property is currently known and operated as Buckhorn Jockey Lot a community flea market. There are numerous structural improvements to the property, including gravel travelways, parking lots and accessory buildings and food concessions. The remaining site is considered naturally vegetated and unimproved except for appropriate existing access gravel driveways. I~I~SCI~eTI01~ o~ ~~®~o~>EZD ~~rc®~r v~~l~ srr~ L®cat~®n The property is located at the southeast corner or the intersection of I-85140 and Buckhorn Road (SR 1114), in western Orange County approximately one (1) mile from the Orange/Alamance County line, and contains approximately 130 acres. It must be noted that immediately to the west and across Buckhorn Road is an existing major Truck Stop and restaurant operation, known as Petro Truck Stop & Iron .Skillet. This operation includes traditional vehicle mechanical service, fuel sales, auto wash, restaurant, and supporting retail operation. This existing operation is located on approximately 31.2 acres. This operation is governed by the Town of Mebane zoning jurisdiction. The Town of Mebane also provides public utilities to the area including similar properties north of I-85/40. Furthermore, the recent opening of Gravely Middle School approximately 1 mile due east of the subject site, coupled with the adjoining and newly opened Orange County Soccer Complex are indications that this general area is already in transition into higher density and more intense development uses and projects than had previously existed. Additionally, the underlying premises of the Orange County Economic Development Districts, I-85Buckhorn Road Economic Development District being one of the three identified development districts in Orange county is another indication that .the Long- Range Planning for this area supports similar commercial and other non-residential development projects, as the proposed Buckhorn Village project. The subject property is located within this existing Economic Development District and thus coupled with existing public utilities and it strategic location at an existing US Interstate intersection strongly supports rational for the development of the proposed Buckhorn Village. Proposed Improvements The Buckhorn Village Planned Development is comprised of three (3) distinct individual development districts likely phased as follows: District One (1), located in the northeastern portion of the property: This district is approximately forty-one (41) acres in area and intended to serve no more than four (4) large retail tenants with a total anticipated combined floor area of one hundred eighty- five thousand (185,000) square feet. District Two (2), located in the northwestern portion of the property: This district is .approximately forty (40) acres in area and intended to support mixed-use development including' retail, office, restaurants, indoor theaters, hotels, residential, and other similar uses with an anticipated combined floor area of five hundred twenty-two thousand (522,000) square feet. C Furthermore, multi and single use buildings within District II will likely have first floor retaiUservice with second & third floors as residential condominiums, apartments, and office space totaling as much as 200 units. District Three (3), located in the southwestern portion of the property: This district is approximately forty-eight (48) acres in area and is intended to support large-scale retail development with the possibility of some mixed-use projects. The developer has also proposed reserving an area of the District for future use by a local government to address the provision of protective services (i.e. police, fire, emergency, etc). The anticipated floor area within this district is approximately six hundred six thousand (606,000) square feet. Furthermore, as many as 200 units of residential or multi-family units may be placed here. The total of 1.114 million square feet maximum of building footprint is proposed for the entire property. Additionally, the development is proposed to include several bicycle lanes and pedestrian sidewalks throughout the development to make it more pedestrian accessible. Proposed ~Ttilaties The Buckhorn Village Development will make numerous modifications and additions to the existing public water and sewer infrastructure to support the project, in addition to the existing natural gas utility. These proposed improvements appear to provide sufficient support for the project and potentially some nearby properties, depending on overall capacity brought to the area by the proposed utility improvements and upgrades. See Summit Engineering Utility Plan hereby attached by reference. Existing Electric Power and Telephone are currently extended to the site and it is assumed would be available for the, proposed Buckhorn Village Development. Proposed Access ~i Improvements Access to the property is proposed to be as follows (See Transportation Plan attached): ® Three (3) driveway entrances along Buckhom Road, and ® Two (2) driveway entrances along West Ten Road The Buckhorn Village Development is also proposing to develop several bicycle lanes and pedestrian sidewalks throughout the development to make it more pedestrian accessible and is proposing to have four (4) bus stops with passenger pick-up and drop- offareas. Buckhorn Road is proposed to be widened to not less than five lanes at the bridge overpass at I-85/40. Therefore, the existing overpass bridge at I-85/40 will be widened as part of this proposed development. Buckhorn Road widening will increase traffic flow and with the inclusion. of multiple left and right turn. lanes. Through traffic should .have minimal impedance to areas north anal south of the Buckhorn .Village Development. It must be noted that the main entrance at Buckhorn Road into buckhorn Village will be a full service .signalized intersection providing controlled ingress, egress and regress to the development consistent with similar well-planned long-term traffic patterns. The intersection of Buckb:orn Road and Old West 10 will be signalized to assist in supporting the same long-term traffic patterns. Additional access points include one directly onto Old West 10, and two access points onto Buckhorn Road; which are not signalized. I-85/40 will also have ramps widened to support vehicular storage for those vehicles entering and exiting onto I-85/40. Additionally, the deceleration lane for the westbound traffic of I-85/40 will be extended in addition to be widened from the DMV Weigh Station to the ramps top. See Transportation & Pedestrian Plan hereby attached by reference. Visibility The applicant is proposing a comprehensive open space management plan .that involves preservation of existing woodlands, the planting of interior parking lot buffer,. and the planting of vegetation .along all proposed streetscapes. Existing vegetation will be retained as a buffer to properties immediately east of the Buckhorn Village Development with a width of 150 feet and a 25-foot buffer behind the existing residences located along Buckhorn Road. The height of the natural tree cover along the perimeter of the. property, coupled with significantly wide buffers for Buckhorn Village Development should be virtually invisible from immediate neighbors to the east and limited direct visibility to all other property owners and travelways. From a design layout standpoint, many of the proposed building improvements are to be carefully located to less conspicuous sites within the Buckhorn Village development to help mitigate building heights with existing sight and tree lines. The context, aesthetics, scales, and massing of the Planned Development are to be guided by an overarching architectural theme and. control standards. Subtle variations between the districts are likely, however, the architectural theme will prevail throughout the Buckhorn Village development. l NEIG~BOIt~00D DESCRIPTION The specific neighborhood of the proposed Buckhorn Village development is the area around the Intersection of I-85/40 and Buckhorn Road (SR 1114) including the Clearview Subdivision to the east and Bushy Cook Road to the south. The property north of Old West 10 is predominantly zoned EDD, while the remainder is predominantly zoned Rural Residential One (R-1), potentially allowing further residential development in the immediate surrounding area.. Such current zoning would require lot sizes not less than 40,000 SF minimum in size, excluding road right-of--way and other subdivision approval and watershed requirements. The Petro Truck Stop immediately to the west, light industrial buildings on the north side of I-85/40,1arge undeveloped tracts to the south, east and west, small mobile home parks, and a relatively small number of single-family residences characterize the area. It is estimated that approximately 100+ residences and manufactured homes are located within one-half mile of the proposed Buckhorn Village Development. Conclusion The area around the proposed Buckhorn Village Development site was observed to be in an akeady developing part of western Orange County, which is considered consistent . with its proximity to a major east-west Interstate Highway, and is appropriate .far uses such as a major retail, service, office, residential and other mixed-use development. Using Clearview as the most recent fully developed example, there are approximately 30 Single-Family Residences that have been constructed in the general neighborhood area over the last 13+ years. These homes have sold between approximately $94,000 to $173,000 in that time frame. Most of the other homes in the area have been built prior to the Clearview Subdivision Development. Much of the remaining property to the~west, south, and east is currently undeveloped. Properties immediately to the west and north or I-85 have been experiencing significant transition to greater density and intensity for over 10 years, including light manufacturing, distribution, and warehouse uses. It is my opinion that the proposed Buckhorn Village Development is consistent with the overall Economic Development District, while incorporating appropriate development standards and guidelines for the overall project. Therefore, it is my opinion that the proposed Buckhorn Village Development (BVPD-ED/SUP) would have no negative effect (in terms of value or marketability) on the immediate surrounding properties including single-family residences and their respective nearby neighborhoods. Due to the existing non-residential development akeady in the immediate and near- immediate area, the effect of the proposed Buckhorn Village Development will be no different on the surrounding neighborhood than that which would occur if the proposed Buckliorn Village Development were not approved. Considering the prevalent land uses in the immediate neighborhood, the akeady existing nearby commercial and other non-residential zoning classification uses, the general character of the area, the relative minimal density of existing .residential. development, and the location of the proposed Buckhorn Village Development next to a major, east- west Interstate Highway, coupled with the immediate availability of public water and sewer, it is my opinion that the proposed Buckhorn Village. Development would be consistent with other existing uses in the immediate and surrounding area and would have na negative effect on value or marketability on surrounding properties. C®1V~°ARATIVE DATA As requested the following information was developed for use in addressing the potential impact of the proposed Buckhorn Village Development. The property is located at the southeast corner or the intersection of I-85/40 and Buckhorn Road (SR 1114), in western Orange County approximately one (1) mile ,from the Orange/Alamance County line, and contains approximately 130 acres. I have inspected and analyzed the subject property, the proposed development, surrounding neighborhood and comparable sales data, which is summarized as follows: The general neighborhood consists primarily of mixed style residential to the east, south, and west, commercial immediately to the west, light industrial, & service to the north, mixed with agricultural uses. The general neighborhood area appears to have been developed over time from larger tracts with most homes being typically built to individual custom tastes, which were incorporated into the design and style of each structure (Speculative Residential Buildings has existed over time). According to current information obtained from Orange Counties computerized Land Records and the Triangle Multiple Listing Service, numerous residential homes in the immediate surrounding area (TMLS, Area 210 & 211) have sold since 1985 (20+ years). Twenty-Four residences are currently listed and one is currently under contract in the TMLS search area (which is predominantly south of I-85 to NC 54). The subject neighborhood area has been compared to other single-family residential properties located throughout Orange County, one of which is located in central Orange County known as "Wildwood" which, has similar styles, designs, age and external influences (such as I-85 to its north and adjacent to a major commercial hub "f~Iampton Pointe" which was built after the "Wildwood" subdivision was completed). 907 Alexander Stewart Drive (4.45Q..26) David M. Green 06/22/00 @ $-112,500 2094/96 23.0% 08/11/95 @ $ 91,000 1378/217 1008 Alexander Stewart Drive (4.45Q..17) William & Leah Durham 06/15/99 @ $ 103,000 1940/573 88.4% 07/14/88 @ $ 69,000 737/410 11/20/87 @ $ 9,500 694/255 1024 Alexander Stewart Drive (4.45Q..12) Karla Alston 04/12/02 @ $140,000 2562/71 3.8% 05/21/01 @ $134,900 2306/71 19.4% 04/29/98 @ $113,000 1722/582 24.2% 07/31/92 @ $ 91,000 1015/361 1025 Alexander Stewart Drive (4.45Q..8) 1026 Alexander Stewart Drive (4.45Q..11) 1027 Alexander Stewart Drive (4.45Q..9) 1100 Joseph Johnston Court (4.45L..S) 1102 Joseph Johnston Court Mary & Hendrik Vaal 05/15/97 @ $110,000 04/30/92 @ $ 85,000 10/30/87 @ $ 74,500 Daniel E. Terry 09/29/98 @ $127,000 04/14/88 @ $ 78,000 07/15/87 @ $ 10,500 Michael Leonard 03/05/99 @ $ 88,270 03/05/93 @ $ 72,000 06!22/87 @ $ 59,500 )eVenter 1583/392 29.4% 987/208 14:1% 690/389 1803!346 62.8% 717/499 666/582 Kathleen & John Gotelli 07/17/06 @ $148,500 05/13/99 @ $115,000 03/15/96 @ $ 95,000 07/30/92 @ $ 85,000 (4.45L..6) Susan Williams 11/30/06 @ $122,000 09/25/98 @ $100,000 07/18/95 @ $ 77,000 1103 Joseph Johnston Court (4.45L..3) 1152 Joseph Johnston Gourt (4.45L..6} 1004 Walter Clark Drive (4.45P..14) Shannon L. Long 11/22/99 @ $107,000 08/19/93 @ $ 70,000 06/11/84 @ $ 46,500 Harry S. Meinhold 09/25/98 @ $100,000 07/18/95 @ $ 77,000 09!20/93 @ $ 5,000 Leandra A_ Bedini 10/24/97 @ $101,500 11/30/87 @ $ 61,000 1885/213 1086/39 661/416 4073!31 1922/187 1444/338 1014/420 4169/119 1801/464 1369/224 2014/343 1147/76 469/167 22.6% 21.0% 29.1% 21.0% 11.8% 22.0% 29.9% 52.9% 50.5% 1801/464 29.9% 1369/224 1158/423 1646/374 66.4% 695/98 1006 Walter Clark Drive (4.45N..24) Theresa L. Menz 12/01/98 @ $105,000 1834/362 41.9% 06/26/90 @ $ 74,000 860/425 1007 Walter Clark Drive (4.45N..26) Brian Suvick 04/29/04 @ $126,000 3417/220 18.9% 02/18/98 @ $106,000 1844/396 9.3% 09/28/95 @ $ 97,000 1394/32 1103 Walter Clark Drive (4.45N..28) Wayne VanDeVenter 03/22/96 @ $ 87,000 1466/540 68.9% 09/28/89 @ $ 51,500 599/190 04/23/87 @ $ 3,500 464/518 2303 George Anderson Drive (4.45P..26} Connie Castrovinci 0$/18/00 @ $118,000 2123/9 12.5% 02/26/99 @ $104,900 18$0/416 16.7% 06/30/95 @ $ 89,900 1842/373 2314 George Anderson Drive (4.45P..32) Rebecca Lupo 09/12/00 @ $120,000 2133/47 17.1% 10/18/96 @ $102,500 1518/564 9.1% 08/31/95 @ $ 94,000 1384/363 2320 George Anderson Drive (4.45P..15) Carla M. Pranzarone 05/20/94 @ $ 91,000 1249/100 45.6% 02/26/86 @ $ 62,500 559/306 2406 George Anderson Drive (4.45P..3) Noa & Ivy Barger 06/OS/O1 @ $113,000 07/06/99 @ $108,000 09/15/97 @ $102,000 07/01/96 @ $ 96,000 22277!402 4.6% 1952/157 5.9% 1632/97 6.2% 1483/579 2411 George Anderson Drive (4.45..6) Howard Aronowitz 07/31/07 @ $141,000 07/30/99 @ $105,500 05/30/91 @ $ 74,500 4342/194 33.6% 1965/27$ 41.6% 914/151 2415 George Anderson Drive (4.45L..18) Julie H. Gavazov 01/22/99 @ $107,000 1862/91 63.4% 04/30/87 @ $ 65,500 649/633 2507 George Anderson Drive (4.45..12) Margaret E. Este 06!30/99 @ $ 98,500 1950/176 34.0% 05/14/91 @ $ 73,500 911/120 4.3% 06/15/90 @ $ 70,500 858/150 C 1102 John Breckinridge Drive (4.45J..26) 1107 John Breckinridge Drive (4.45J..18} 2300 Wade Hampton Drive (4.45N..10} 2308 Wade Hampton Drive (4.45N..6) 2310 Wade Hampton Drive (4.45N..5) 2312 Wade Hampton Drive (4.45N..4) 2400 Wade Hampton Drive (4.45N..3) 2408 Wade Hampton Drive (4.45L..34) Maxine Freeland 12/05/01 @ $100,000 08/01/96 @ $ 85,000 08!29/86 @ $ 51,500 05/11/84 @ $ 44,000 Lawrance Lindahl 02/24/05 @ $124,500 05/30/00 @ $118,000 05/24/96 @ $ 97,500 05/05/88 @ $ 70,000 Roger I. Careen 12/15/95 @ $107,500. 08/04/89 @ $ 90,500 11/07/85 @ $ 68,000 Vernon & Karen Brown 06/30/00 @ $114,800 06/16/97 @ $104,900 08/17/95 @ $ 87,000 12/18/92 @ $ 82,000 Bryan Heather Kennedy 06/15/98 @ $107,450 07/27/95 @ $ 90,000 07/30/91 @ $ 74,500 Ingrid F. Swanson .07/12199 @ $112,000 04/15/96 ~@ $ 95,000 06/15/92 @ $ 83,000 Angela D. Northers 07/15/98 @ $103,000 04/28/89 .@ $ 70,500 03/02/87 @ $ 61,000 Jamie Hagersberger 06/24/05 @ $124,000 07/20/99 @ $102,000 05/06/87 @ $ 60,000 06/08/84 @ $ 46,000 2434/331 17.6% 1495/13165.0% 599/190 17.0% 464/518 3677!188 5.5% 2082/508 21.0% 1469/152 39.3% 722/534 1417/508 18.8% 806/444 33.1% 544/166 2099/229 9.4% 1595/70 20.6% 1380/286 6.1% 1063/400 1747/13219.4% 1372/34120.8% 925/461 1955/118 17.9% 1454/85414.5% 1000/499 1762/348 46.1% 788/42215.5% 636/448 37$5/529 21.6% 1959/307 70.0% 651/89 30.4% 469/58 2410 Wade Hampton Drive (4.45L..35) 2500 Wade Hampton Drive (4.45L..37) 2505 Wade Hampton Drive (4.45L..10) 2610 Wade Hampton Drive (4.45J:.9) 2611 Wade Hampton Drive (4.457..14) 2615 Wade Hampton Drive (4.45J:.12) Pam Shaub 12/14/06 @ $126,000 04/06/01 @ $119,500 02/26/98 @ $106,000 10/20/97 @ $101,500 11/19/85 @ $ 57,000 Whitney Rogers 08/31/07 @ $133,000 02/03/00 @ $ 96,500 06/14/99 @ $ 96,000 10/14/92 @ $ 70,000 Brian & Laura Suvick 06/02/98 @ $112,000 01/31/96 @ $ 93,000 09/19/86 @ $ 67,500 Ryan Depew 10/15/05 @ $110,000 10/29/97 @ $ 85,000 10/12/93 @ $ 63,000 09/02/87 @ $ 54,000 Ava M. VanHook 07/10/00 @ $112,000 08/05/92 @ $ 70,000 12/29/83 @ $ 44,000 Patricia Plunkett 07/14/04 @ $117,500 04/27/01 @ $108,240 10/30/97 @ $ 91,000 08/29/89 @ $ 70,000 11/23/87 @ $ 66,000 4166/283 5.4% 2232/212 12.7% 1692/391 4.4% 1645/75 78.1% 545/520 4365/486 37.8% 2038/233 0.5% 1940/21 37.1% ].039/495 1741/89 20.4% 1430/476 37.8% 603/188 3884/24 29.4% 1648/448 34.9% 1167/23016.7% 677/627 2103/24 60.0% 1016/483 59.1% 448/76 3496/111 8.6% 22461409 18.9% 1649/339 30.0% 810/626 6.1 694/368 The above Historical Sales Comparison Analysis of the "Wildwood" subdivision provides no evidence that Hampton Pointe has had a negative influence on the values or marketability of Wildwood subdivision. Thus, it is concluded that the proposed Buckhorn Village Development would not have any negative influence on surrounding property values or marketability. Adjusting for the time for each resold Wildwood residence, appreciation in the "Wildwood" Subdivision is approximately 5.5% per year, over the last 20+ years of Historical ownership. A further analysis of three residential subdivisions immediately south of SouthPointe Mall (a major commercial development having over one million SF) located in southern Durham County (Buck Crossing, Chancellors Ridge, & Eagles Pointe) appreciation in the three residential subdivisions is approximately 5.3%, 4.0% & 4.6% per year respectively, thus averaging 4.63% over the last eight years. NIATE: See Comparable Control Neighborhood Historical Sales Table Addendum of the. `Buck Crossing, Chancellors Ridge & Eagles Pointe" Subdivisions, attached. The above Historical Sales Comparison Analysis provides no evidence that the proposed Buckhorn Village Development would have any negative influence on surrounding property values or marketability. Furthermore, these Comparable Sales appeaz not to be influenced negatively by their respective proximity to major commercial operations (SouthPointe Mall) in. their respective neighborhoods. Adjusted for the time for each . resold residence, appreciation has been ranging from approximately 4.0% to 5.3%, aver the last 8 years (Compared -with Wildwood at 5:5% per year). In conclusion, I have found no market evidence that the propased Buckhorn Village Development would have any negative influence on surrounding residential market values or their respective marketability. The IVlarket appears to be willing to ignore the nearby presence of the major coffi~nercial operations iaa ezchange for the superior location developed neighborhoods similar to the Buclrlhorn Village development offers. Based on the data collected, it is my opinion that the proposed Buckhorn Village Development will not have a negative influence on value or marketability of the surrounding properties located on or near Buckhorn Village develapment when 100% complete. N®7'E: I have not performed an appraisal of the subject property vacant or as proposed, or any of the surrounding neighborhood properties or Comparable Historical Sales Neighborhoods. The above-mentioned information and analysis is intended for use as an Impact Study only, as it relates to the subject. proposed Buckhorn village Development (assumed 100% complete as proposed per BVPD-ED/SUP as presented). No opinion of value is stated and none is assumed. - `~ V c~~ CEgr~F~y~ , ~`,. 3r ~ ~ ` y~ ~o A ry ~° Everett V. Knight (A2823 D e ~ ~ _ ~ r~2szs ~ ~ ~`/~^ ATE R ° Q~. .r,~~17A~ AQQ~~` Certification and. Statement of Limiting Conditions The Appraiser~certifies and agrees that: 1) The Appraiser has not present or contemplated future interest in the property analyzed; and neither the employment to make the analysis, .nor the compensation for it, is contingent upon any specific or implied value outcome. 2) The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the participants to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in part upon the race, .color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, .color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3) The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the Appraiser's Knowledge and belief, all statements and information in this report are true and correct,. and the Appraiser has not knowingly withheld any significant information. 4) All contingent and limiting conditions herein (imposed by the terms of the assignment or by the undersigned affecting the analysis, opinions, and conclusions contained in the report). 5) This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6) All conclusions and opinions concerning the real estate that are set foxth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report unless indicated as "Review Appraiser". No change of any item in the appraisal report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. r Contingent anel Limiting Conditions The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting condition as are set forth by the Appraiser in the report. 1) The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2) Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property. 3) The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been made previously therefore. 4) Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuation for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5) The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering, which might be required to discover such facts. 6) Information, estimates, and opinions furnished to the Appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7) Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. -19- 8) Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to the property value, the identity of the Appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the Appraiser is connected), shall be used for any purposed by anyone but the client specified in the report, the borrower if appraisal fee paid by same, the mortgagee or its successor and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrumentality of the United States of any state of District of Columbia, without the previous written consent of the Appraiser; nor shall it be conveyed y anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraiser. 9) On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal .report and value conclusion are contingent upon completion of the improvements in a w rkm anlike manner. ,~ ~~~~K~/. Everett V. Knight <c,'~~~ ~ ~ R r r'~ ~~~' y ~ . A2823 ~Q `'° y ~o - ~ A2823 ~ ~c,S~~~iFSTATE PeQe`~~~ P ~~'~'r~~.~eQ~` ~~` l -ao- P,~~ElVI~A -21- BUCKIi®1tl~T ~L,AQsE 1'L,Al~il~I) DE'V~I..®1PIVI~I~1'~ Ba~ckha~rn 1til9~ge O'lanned Develtrp-rnea~f P~b~lic IUQtice of iProposed honing Atlas Arrsendrnen~ a 0 U a c m~ m Q Bnekhom Fiea Market - itwo (2) parcels of ProP~S' zo~d ~ i i ~~ ? ~ a ~ "1 + ` yv'f1 . ` X ~L,~y;;~,;t,`~, ~.~, t` 7t u ~ ~ ~ exit 15' µ ~ ,t , • ~.: i ". ~~~j~~ r~. N'r ~pp~q~ q® ~ry ~~ y/ j "~ h y.~°lay0j4•'. ~ ~. ~ ~, lj ~~"S~'E : x ys ~, ~~~ ~ ~,i~~? ~ TMBL 328._!3 / PIIJ 9834-36-4221 zoned R-1 ~~„;~~,~~~. a.,:~;o;~,: g T:...:. ~ r T ~ {weststdeafBuck6orR)end id ~h I ED t f B m a3r ~_iy` ; {eas u s e o o ) ~~JaIil ;i;i. Q J ~ m t7 ~~ ,~ t Proposed Rezoning n, ,f~,;;?,~^~~~~L.i, Mebane City Limits ~aii~®~~e~~~ C.. l -22- ~.AIY~ ~J~E I'T'AIaT ~' ei~ I~l.,~~~.~ y _. m z m m m ~ p - i z D m D ~ ~ 4 a s~ m n i r ~ ~ m ~+ ~ = a N D ~ _ i z ~ w ° ' w y ~ m N ~ , c - € ~ c7 D ~ m ^-~t ~ m ~' c T `{jy '~t W / _ _ - ~ ___ ~~ ~ ~ .. ~~ .~ 5 ~.. ~- _ ~ ~. . ~ 5 -~l ~ `~ O _ _..-, +1r r ,'; ;_I: ~~` ~, i ~ _ „d , i' ,, ~~ --„ ~ ~ i ~. i ~ ~ ' ~~ o t ~ ~ ~~ ~ ,. ~~~~ ~' ~^^ ~.~1 ~~gqq 9ss yyy111y~ ci 'I'I.tA-lgT~l'~R'TATI®IeT Al~TID PEDES'I'R]fAleT PLC ~~ ~ ~~ ~ tm tf 'ti. _ I ti•..~ m~c~Zn ~i~b,~~"u `-' 0 nnpm m ~ ~~C rnT.ro~ p{- .-I~~' m rcm o c ~vN }'~r,~~ pz~N Ct~~z~v ~ ~mr tmi~ ~ ~~~ ~f '~~w:n -~iu~~rimnp ~ rn.y~ ~ ~ ~Omm ~.l rnZ ~ m~°~~-o ~ ~Og oz pp~~ {~~Zrn~ ~ tm/J~b [~~ ~mm ' ZG~]~~ ii~A~''m~~~~ ~ ~~~7 vE O ~ L v m ~' y mcn v ° ~ c-'~ z°0o v~m ~. `-'mZ ~ Z rn•O- ~ ~ ~~~ ~ ~~rn Cy ~~ ~~ ~ - 42Yg ?Km ~~"` ~ m .. ~, _ ~ ~ -~ ~.' ~ ,~..~{~' ~ ~ m ~ °'."1~'~~"~-=-1_'.4ll"w"oaf ~~t. u;:. -~i *_c ~u ... ~ ~-rd~mi FT:. l~: hi 4:+'*a4`v .•tn:l'S?r_~ ~ m oy; ,:. I: "~ f Ep, N {.iti`~ ,9 G fY Z . n`4i--4 `~t~z ,. ~~:;:'Y i~ ~.li. i'{1S uY W.CS~~.+f ~ 'gym c Xm tt4 {? svai[v` 1 1 ~rv~ rs.' t xr. ea ts. ~~ e::~ k~ h ~ ` o m - Ga . I ~' S.: .'F 4i • ~ Z"A 'gip {y 'O re F .~. v j ~ ~ ~'-i ups a:l ~:~5.`,_~, 3. y ~f~~' 1 :J Y ~"-~ if ~~; ~~ _ :.~.- ,i ~P'~~IA'~I®1V ~t~~'S~S BUCK CROSSING BI9CEC CP05S6PIr,~ So~tt'IPoi~te Malt ADDRESS Date Price % ~aionths °/D/Year 8303 Buck Crossing 05/08/00 $177,000 22.5°/D 66.0 4,1°1D 11115/05 $216,900. 8309 Buck Grassing 08/17100 $188,900 23.9 % 65.0 4.3% 01/04/06 $232, 500 9 Mill Haven 08/18/00 . $187,500. 29.1 °/D 65.0 5.4°/D 01/31/06 $242,000 8310 Buck Crossing 04/28103 `$202,937 20.7°/D 26.p 9.5°/D 06/13/05 $244,900 8'109 Mackenzie 06/15/99 $194,900 '11.6% 54.0 2.6% 12/02/03 $217,500 8105 Mackenzie 07/14/00 $204,900 2.5%D 22.0 1.4% 05/07/02 $210,000 _ _ 4 Mill Haven 05131/00 $202,000 24.8°/D 69.0 4.3°!D oz/221os $252,ooa 1 Mill Haven 06123!03 $207,900 30.8% 52.0 7.1°/D 10/04/07 $272,000 6 Mili Haven 10/07/99 $210,080 3.5°to 21.0 2.0% 07/25/01 $217,500 5:7°/a 25.0 2.8.% 08/19/03 $230,000 3 Mill Haven 09/15199 $210,000 28.6% 80.0 4.3% 05/22/05 $270,000 8.1 % 15.0 6.5°/D 08/31/07 $292,000 `__ .., 8300 Buck Crossing 11/03103 $218,000 15.6% . 31.0 6.0% 06/16/06 $252,000 . Overall Avera e/Year 4.6°/D -25- ~P°P~C~TI®N f-~N~I.~'SIS EAGLES POINTE-PAGE 1 Eagtes Pointe South Pointe Ma[I dDDRESS Dade Price . 3b ~flanths %/Year 8006 Mackenzie 04/29/95 $171,084 9.8°~ 26.0 4,53`0 06/04/01. $187,900 4.8% 53.0 , 1.1°lq 11%17/05 $196,900 8010 Crenshaw 12!16798 $170,000 4.7% 54:0 1.0% 06/23/03 $178,000 8404 Ea le Vie 05/05!00 $173,215 3.3% 37.0 1.1% 06/02/03 $179,000 8406 Eagle Vi 03/29!99 $187,875 9.1°~ 80.0 1.4% 11 /08/05 $204,900 8006 Crenshaw 03/22/99 $177,000 14.7% 80.0 2.2% 11/18/05 $203,000 11.3% 23.0 5.9% _ 10/23/07 $226,000 8016 Mackenzie 03/31/00 $174,500 26.0°/a 74.0. - _ 4.2% 05/04/06 $219,900 8415 Morrell 06/04/99 $188,500 6.1% 84.0 0.9% 06/09/06 __ $200,000 8414 Morrell 02104/99 $192,855 15,1% 56.0 3.2% 10!24/03 $222, 000 8007 Mackenzie 02!21/00 $187,488 26.9% 70,0 4.6% 12129/05 $238,0.00 8018 Mackenzie 05/13!02 $188,500 12.5% 40:0 3.7% 09/30105 $212,000 8008 Crenshaw 05/03199 $192;095 21.3°fo 75.0 3.4% 08/05/05 $233,000 8003 Ghatswo 04/08/99 $139,374 21.0% 74A 3.4% 06/02/05 $244,250 18.1% 23.0 9.5% 05129/07 $285,000 8009 Mackenzie 10/09/00 $195,000 21.5% 86.0 3.0% 12120/07 $237,000 8416 Eagle V 05/17/99 $196,000 11,5% 68.0 ~ 2.0% __._ 01106/05 $218,50D 8412 Morrell 05/23/00 $212,000 20.8°fo 76.0 3.3% 09/26/06 $256,000 8211 Morreil 12/07!01 $206,500 6.5% 18.0 4.3% 06109/03 $219,900 -26- ~PRECIA.7['I®N AN~,~'SIS EAGLES POIlVTE-PAGE 1 Eagles Pointe South Pointe Mali 8016 ChatsWO 01113!03 $229,575 6.7% 61.0 1.3% 02126!08 $245,000 8010 Chatsudo 071261Q0 $232,000 4.5% 36.0 1.5% 07/01103 $242,500 8212 Eagle V'ie 02114/05 $263,DD0 13.7°!° 22.D 7.5% 12/15/Q6 $299,ODD Overall Av~ra e/Year 4-tD% -27- AI'PRLCIA'I'IONRNALYSIS CHANCELLORS RIDGE-PAGE 1 Chancellors i2odge Sou~aPo6tnte Malt ,ADDRESS Date Price % Ittlonths %JYear 1 Curriculum 07/1;0/02 $331,515 11.0°!0 24.0 5.5°~ ~7~1;2t04 ~ $~.s8,oa0 ~ 1002 Sophmore 06101/05 $199,900 14.'F% 23.0 7.3% 05131/07 $228,000 1006 Scholarshi 11/14/02 $317,000 11.8% 17.0 8.4% 04/01/04 $354,500 10Q9 Chancellors 0311.4/03 $208,900 18.2% 27.0 8.1% 06/30/05 $247,000 i 1009 Freshman 05/02/05 $285,490 5.1 % 22A 2.8% 03/06107 $300,000 1 103 Alumni 10/29/05 $310,000 3.2% 21.0 1.8°!0 07/1"7/07 $32(1,000 105 Graduate 06/02/00 $194,560 23.3% 67.0 4.2% 01/20/06 $239,900 3.4% 13.0 3.1 02/21/07 $248,000 106 Alumni 10!25199 $189,490 16.1% 61.0 3.2°~ 11/17i04~ $220,(300 106 College 03!31/06 $220,500 4.3% 17.0 3.0% 08/17!07 $229,900 107 EducaSon 05128/04 $240,000 21.4% 42.0 6.1% 11121/07 $291,250 108 Colfegate 04/30/04 $1:86,600 19.8°to 26.0 9.1% 06102/06 $223,500 110 Baccalaureate 07/01/02 $215,475 _ 2_0.7% 41.0 6.0% .12105!05 $260,000 Y 1101 Freshman 05126/05 $299,820 11.7% 26.0 5.4% 07/28107 $334,900 111 Freshman 08/02/00 $207,455 30.1 °~ 84.0 4.3% 08!03107 $269, 900 111 Colle a 08127/01 $196,000 24.5% 75.0 3.9% 11/08/07 $244,000 1113 Sophmore 0911'3102 $209,780 15.4°~ 34.0 5.4% 07/18105 $242,000 1115 Freshman 02125/05 $266,395 ~ 16.4°~ 27.0 7.3% 05/28107 $310,000 -28- A.P'PI2ECIr1TI®N ANAI.XSIS CHANCELLORS RIDGE-PAGE 2 Chanceffars f~ac~ge SoutltPointe fVlaff 1126 Freshman 04122/05 $295,400 6.6% 24.0 3.3% 04124/07 $314,500 1148 Schlarship 02YZ7/04 $303,700 9.6°i6 .31.0 3.7°~ 09/29/06 $333,040 115 Chancellors 02/17/00 $198,860 37.5% 89.4 5.1 °~ 07112/07 $2,73,500 116 5frangford 05/15/05 $253,905 15.5% 21.0 8.9% _ 02/1:6/07 $293,340 117 Tnistee 07/29/05 $214,000 8.2°!0 26.0 3.8% 09/14/07 $231,500 120 Collage 07/34/04 $205,000 21.2% 44.0 5.8% 03!1:6108 $248,504 1202 F~rofessor 03/25/04 $273,010 16.1 °!° 35.0 5.5% 02!28107 $316,900 203 Baccalaureate 041U5/03 $236,410 7.4% 26.0 3.4% • 06109105, $254,000 204 Collegiate 10/1:1103 $194,000 5.2% 10.0 6.2% D8/30l04 $204,000 206 Alumni 0$/01/99 $188,335 29.8% 94.0 3.8% 06/08/07 $244,500 208 Diploma 04/1:4/04 $212,445 23.8% 39.0 7.3% 07117!07 $262,504 - 209 Alumni 09/11/00 $21.9,900 16.0% 74.0 2.6% 11/30/06 $255,000 216 Alumni 04/27/99 $238,975 21.4°~ 74.0 3.5% ~- - 06!27105 $290,004 303 Academia 10131/03 $22$,895 19.1% 43.0 5.3% 05/21107 $272,500 307 Alumni 42/25!04 $217,000 __ ~t4.3% 17.0 1_0.1% _ 07/18/05 $248,000 309 Senior 09/30/03 $204,250 18.5% 51.0 4.3% 12/14/07 $242,044 310 Alumni 48/16/00 $26$,114 6.0% 23.0 3.1% 47/16/02 $282,000 -29- AIDPIZ~CIATI®~T AlVAI.,YSIS CHANCELLORS RIDGE-PAGE 3 Chancellors EZodge Southl'ointe Fall 312 Marist 01/0.7102 $231,750 38.5°I° 64.0 7.2% ~~ 05/23107 $321,000 -- - ~ __- . _ 314 Academia 10123!03 $267,555 .. .. - 19.C}% ~._. - - _ 48.0 4.8% -~ - -~ ~ 10/T8/07~ $318,500 _ . _~T _ - ~ ~ -- - - 315 : Academia 02/27104] $266,725 9.4% __. ` 19A - 5.9% -.._ __ ._ ~ 09/26105 $291,800 _ ---- - _ ~ u 315 Marist 04123/02 $307,165 42.6% 51.0 10.0% ~ .. ~ D7106106 $438,000 . _. ._ ~ _ -!~ _ 408 - - Chancellors 01/30/02 $181,900 18.2% 45.0 4.9% _ ( 10!27105 $215,000 6.3% 10.0 7.5% -`--- 08/15ro6 ~$228,5t3o ~ 5 Gurriculum 09/1G9/03 $305,555 S.0% --~ 21.0 ~ 4.5% _ _ _ _ 06/27/05 $329,90(} - ~~-_-- - _. - 502 Chancellors 12/12105 x$265,160 _ 15 8°/ 17.0 11.1 °~ 05118107J $307,000 _ _ _ (( _ _ 506 Chancellors 09/1!7/01 ~ $183,900 ~~ - ~_~ ~ 12.0% -- 53.0 2.7% .M ~"M otio~~o ZO 6,o00 602 Chancellors 04112102 $178,900 7,9% 25.0 3.8% : I 05/28/04 $193,000 _ _ _. _ ~~-704 _... Chancellors ___ .. 04/16/00 T 06%09/05 i _ $255,000 $299,000 _ 1'7.3% _ ____-~ ._..__...__ ~~ 62.0 3.3% -~~- 706 Ilo Chance rs 0511510 _ 3,000 - ~~ ~ 14.1 %0 42.0 ._ 4.0% _..~~~~ _ _ _ 11/23104 $243,00{} ~ i 802 ~~ _..__- Ghanc_eltors 02121!01 06108104 _$225,000 ; $268,500 19.3% ~ 40.0 ~^ 5.8% 107 .__.~ ._ .-~ 111 . t3accalaureate -- - ~Chancetlors __.!_ 02/03103 02/06/06 08/02/00 08/03/07 ~~--- $216,320 $247,000 $207,455 $269,900. 14.2% 30.1% . -_. _ _ 36..0 84.O __ -- ~-_~_4.7% _ _ t 4.3% Overall Avera e/Year 5.3°l0 -30- P~®'TOG~4,P~S C j~ Robert L. Wilson Ciry Manager Glendel Stephenson MayOY CTCit~r ~f e~r~xxre Elaine 1. Hicks Arrt. City Manager/Finance t~cer Marilyn Cartu 7iuCollector Terry Caldwell Chief oJPolice Jimmy Jobe Public IfrOrks Director Linda Holl Bfrste Tmatment Director llean Ray Recreation & Parks Director Amy Pendergraph Arts/Communfty Center Director Bob Louis hire CliieJ Monlrena Hadley Planning Director Stephanie Shaw City Clerk COUl3C1~ Patty Philipps, Mayor Pro Tem Tim Bradley Ed Hooks Bob Hupman Everette Greene February 25, 2008 106 East Washington Street Mebane, North Carolina 27302 (919) 563-5901 Mr. Craig Benedict, Director of Planning Orange County 306F Revere Rd. P.O. Box 8181 Hillsborough, N.C. 27278 Subject: Buckhorn Village Dear Mr. Benedict: As requested, we are pleased to provide the following information in regard to the subject project: 1. Utility Service Agreement between Mebane and Orange County By Agreement dated March 1, 2004, the City of Mebane and Orange County entered into a Utility Service Agreement providing for the extension of water and sewer service to I-85/Buckhorn Rd. Economic Development District. The agreement indicates that water and sewer extensions will be made at the expense of Orange County with approvals by the City of Mebane. The agreement has worked successfully with the recent extension of water and sewer service to the new Gravely School on West Ten Rd. ,. 2. Allocation and treatment capacity The City of Mebane has a 2.5 MGD wastewater treatment plant (with existing flows in the 1.0 MGD range) and our plant has capacity available for approved users. Based on our understanding of the Gravely School project, the city approved a design flow of 100,000 gallons per day (average flow) when the Gravely pump station was designed for that service area. The school is currently only using approximately 3,000 gallons per_ day; therefore, the Gravely pump station appears to have sufficient capacity available to accommodate the first phase of the project. The project .engineer has provided some preliminary estimates that indicate the project may generate approximately 200,000 gallons Chartered in 1881 per day at full project buildout; therefore, it appears that future upgrades will be needed to the infrastructure to accept the buildout flows. In terms of water availability, the City has a 4.0 MGD allocation in the Graham/Mebane water plant and our usage currently averages about 1.1 MGD. The project engineer has provided preliminary water usage required for fire flows, and it appears that some pipe line extensions will be needed to accommodate these estimated fire flows. 3. Utility Extension Agreement Based on the preliminary engineering information provided by the project engineer, it appears that some utility.extensions and system upgrades will be needed to serve this project. The City of Mebane looks forward to working with Orange County in developing a Utility Extension Agreement to address the infrastructure needs in this area should this project move forward. Should you have any questions concerning these issues, please contact me at 919-563- 5901. incerely, ~i-~--1--=-- Robert L. Wilson, City Manager 2 Submitted by Chapel Hill Carrboro Chamber of Commerce Overview Consfiruction Phase Impacts 1 2/25/2008 Sales Tax Revenues: ;. :.: _ :: : , .....; . g _ ~ ~ ~47aleD~°7. a~{ ~ - ~~ ~ ®$2:18 million will be generated i.n sales tax as materials are purchased during construction... . •IMPLAN assumed 4o percent of materials would be purchased from Orange County' businesses . .' . resulting in $874,135 in sales tax for the~Couiity. <;~„ . ~ CHAPEL HILL ., CARRBORO Chnmhero{Cnmmene Retc~alf I2estaa,~ra~atfi~®te~ Im~ac~s ~:'' Employment Impact ^ ... ::. , , 0 e ~ 0 ~~ ~ :H eels Restaurants - :~"` - ~~~ 3. t=?50= ~ ~ ~3- etal7ei. -: ~ _ - ~ ---- - - H - ll... ,: ~ ' I'nta~i •.Assumed 7o percent of jobs created would be .. . filled.by Orange County residents: •Total of 1,133 jolis estimated. to be created, 793:. . being filled by County residents. ~,., - CHAPEL HILL CARRBORO ChumherofCumn,arce. r 2 2/25/2008 3 ~~ Economic In~.pact of Luc ors. ~' ~.~e range C®u~.~, ITC Zakia Barnes University of North Carolina DCRP Master's Candidate 2009 Overview of IMPLAN and Assumptions \,. This report discusses the results of the economic impact analysis of the Buckhorn Village development project. This analysis used a predictive input-output model in IlvIPLAN to estimate the effect of an increase of investments in Orange County's economy. IlVLPLAN utilizes economic data to estimate the effect of increased expenditures on goods and services and derives the fiscal impact that will occur during the impact year. The economic data comes from a system of national accounts that was compiled in 2002. These accounts were based on national and county data from the United States Department of Commerce, U.S. Bureau Labor of Statistics, and other federal agencies. All reported estimates reflect changes that will occur in economic activity in Orange County. All monetary estimates are in real terms, or 2008 dollars. The model is based on a few key assumptions. IMPLAN estimated the percentage of goods and labor that is purchased from industries outside of the region.• IlVIPLAN estimated that approximately 70 percent of construction labor and 40 percent of materials will be purchased from local businesses in Orange County. The percentage of goods and labor that is purchased is based on the national average of regional trade flow. In addition, the model assumed that the remaining portion of construction budget that is allocated for materials will be spent on "furnishing" (i.e. Institutional Furnishing). Lastly, all retailers that will occupy the new development fall under the category of general merchandising. Overview of Construction Project Developers of Buckhorn Village plan to develop 900,000 square feet of mixed-use commercial space in Orange County. Construction of the Anchor Tenant space is set to begin in 2009. The budget for the construction phase of the project totals $138 million for five years. Most of the budget is allocated to construction of the commercial space ($74.75 million), and the rest will be appropriated for materials ($40.25 million) and off-site development ($23 million).1 This part of the impact analysis quantified the increase in economic activity that results from the construction of the commercial space. Construction Impacts Based on IlVIl'LAN projections, the labor market in Orange County will benefit greatly from the construction of the commercial space. Table 1 shows the direct and indirect effects on employment in Orange County and elsewhere given the multi-million dollar budget. Both direct and indirect effects show the change in labor due to the impact of construction project, but the former accounts for the changes in the construction industry and the latter accounts for the impact on other local industries. Table 1 below shows the projected number of jobs created during the construction phase. 1 These figures are based on estimates provided by East West Partners; 65 percent of budget is dedicated to labor and 35 percent is dedicated to materials. Source: IlVIPLAN data-ES202, Regional Economic Information System, County Business Pattern, Consumer Expenditure Survey This investment of $138 million in constructing the space. will add 932 jobs to the Orange County economy and 400 jobs elsewhere. In all, 1;332 jobs will be created.2 •The IlVIPLAN model predicts that 60 percent of (or 801) new jobs will go to the construction industry.3 In. terms of the amount of sales tax generated during the construction phase, IlVLPLAN estimates a total of $2.18 million will be generated (see Table 2). Assuming that 40 percent of materials will be purchased in Orange County, approximately $875,000 of total sales tax revenue will stay in Orange County. • Source: IIvIPLAN data-ES202, Regional Economic Information System, County Business Pattern, Consumer Expenditure Survey Overview of Mixed-commercial space Buckhorn Village will consist of one Anchor Retailer, which will be the largest retailer in the project, along with two hotels, 15 restaurants, and 55 to 65 retail shops.. Table 3 shows that the total expected revenue will exceed $180 million once the development is fully. operational. IlVIPLAN estimated the demand for employment based on expected revenue for all establishments, except for the Anchor Retailer, whose employment figures were provided by the developers of Buckhorn. ' 2 These measures are complimentary, that is, each measure captures the effects of investment at different points in the circular flow of economic activity. Employment impacts are expressed as the number of full-time and part-time jobs required to produce these goods and services. 3 The construction industries that were used in the model were labeled as "commercial and institutional buildings construction" and "highway- street- bridge- and tunnel construction." Table l: Job Creation Table 3: Pro'ections for Retailers, hotels, and Restaurants Establishment Number ' Space; Projected Projected (square - Revenue Number of feet) (million) employees Source: East West Partners and IlVIPLAN data-ES202, Regional Economic Information System; County Business Pattern Using the above figures and the assumption that 70 percent of jobs created would go to Orange County residents, the following table provides a breakdown of the number of jobs going to county residents versus non-residents. Table 4: Anchor Retailer hotels/Restaurants/Retailers Total 210 90 300 583 250 833 793 340 1,133 The finial part of the analysis was to estimate the amount of sales tax revenue generated by Orange County due to sales at shops in Buckhorn Village. IMPLAN estimated sales tax revenue to be just more than $5.5 million, all of which would go to Orange Caurity given that the purchases will be made in the county. Summary In. all, the total economic impact of Buckhorn Village is significant. During the construction phase of the project over 1,300 jobs will be created with well over 900 going to Orange County residents. The sales tax revenue generated during construction is $2.18 million with $875,000 going to Orange County. Once Buckhorn Village is operational, more than 1,100 people will be employed and sales tax revenues are estimated to be more than $5.5 million. Examining Buckhorn Village from construction to operation, nearly 2,500 jobs will be created; over 1,700 Orange County residents will be employed at Buckhorn. The total sales tax revenue is estimated at $7.75 million, of which $6.45 million will remain in Orange County. ~,~ ~ C~~~~~ C~~.,~~`t5 February 25, 2008 Intercity Visit Sustainability Workgroup Orange County Public Hearing Good evening Commissioners: I'm Mike Collins, and tonight I'm speaking on behalf of the Intercity Visit Sustainability Workgroup. We are a group of concerned citizens that grew out of meetings with progressive community groups and leaders during the Chamber of Commerce's trip to Madison WI in the fiall of 2006. We have remained active since then in an effort to find better ways to implement the concept of economic sustainability at the local level. Our research and activities have convinced us that the key to a thriving and sustainable local economy is to focus economic development efforts on supporting local business, entrepreneurship, and a culture of "think local first." This idea was recently captured by Senate candidate Jim Neal. Neal. wrote about the importance "...of creating not just jobs, but careers. Not just jobs, but jobs that pay good wages. Not just jobs, but jobs that add value. In short, quality, sustainable jobs that are grounded in entrepreneurship. North Carolina's future depends on building and enabling `homegrown wealth': businesses formed by entrepreneurs in the State which create both lasting economic wealth and employment opportunities." What's true for the state is just as true for Orange County. In last week's issue of Newsweek, Daniel Gross reported on the extreme glut in retail space across the country. Numerous chains and big-box retailers are closing hundreds of storefronts - with all the associated effects on local employment. Even. if this development is able to bring in large retailers from autside, the jobs created are likely to be low- wage and ephemeral. Hardly a recipe for sustainability. If that is the case; then the proposed development for the Buckhorn Road site is 180 degrees in the wrong direction. Here in Orange County, we are used to seeing our local governments lead, not follow. We .urge the County to insist on a project that is worthy of the future, not a blast from the past. Amixed-use, transit-friendly development instead of just another strip mall. A home to locally-based entrepreneurs and forward-thinking residents and business owners, not to exploitative outside retailers. A project that makes a statement about where Orange County's priorities lie, and resists the temptation to follow the retail gold which is, as James Carnahan recently pointed out in the Chapel Hill News, more often than not, Fool's Gold. Last time I looked, the unemployment rate for Orange County was well below the state and national average. This would seem to indicate that the issue to address regarding jobs in Orange County is quality, not quantity. So, if this development does proceed, we propose the following stipulations be attached to it: 1. That the county require a commitment to bring in tenants who pay living wages and whose employees will not create a burden for county services because of inadequate employee pay and/or benefits. 2. That the county include a 'local first' mandate stipulating a specific and aggressive level of local tenancy and ownership. ~~7Q. February 25, 2008 Intercity Visit Sustainability Workgroup Orange County Public Hearing 3. That the county establish and provide incentives for lacal entrepreneurs to C encourage the rise of locally-owned businesses, for example in the form of a revolving loan fund. 4. That the county seek, to the extent feasible, to have the development adhere to Orange County's new Comprehensive Plan or, failing that, to adhere to specific principles of sustainability as agreed on in the near term by the county's boards and commissions. A project that does nothing but add to our environmental burden, increase traffic, and create low-wage jobs, all in the name of sales tax revenues that evaporate in additional public service costs, is not worth having in Orange County. If this project is just to be Orange County's version of our neighbors' shopping malls, then we urge you to reject this proposal and to join the growing number of citizens who understand that a sustainable economy is one moored in the local community and one that starts from the perspective of "think local first." Remarks prepared by Mike Collins, 967-4119, mmcc.collins@mindspring.com Donna Baker From: barryj@earthlink.net /.%- ~ ,J Sent: Wednesday, April 02, 2008 10:04 AM To: Donna Baker Subject: Fw: Buckhorn Development -comments for consideration at April 1 hearing for bocc -----Forwarded Message----- >From: Mike <mmcc.collins@mindspring.com> ' >Sent: Apr 1, 2008 9:04 PM >To: barryj@earthlink.net, vfoushee@co.orange.ne.us, mcarey5@nc.rr.com, >gordonam@mindspring.com, mikenelsonnc@aol.com >Subject: Buckhorn Development - comments for consideration at April 1 >hearing >D'ear Commissioners: >I am writing on behalf of Neighborhoods for Responsible Growth, a• >grass-roots citizens group based here in Orange County. Representatives >of our group were unable to attend the meeting tonight, but we would >like to offer these thoughts into the record as part of the >deliberations concerning the current Buckhorn Road development and >rezoning application. >The Orange County BOCC has the responsibility for maintaining our >quality of life and to zone in a manner which protects' it. Up to now, >we have avoided blankets of sprawl because in 1985 three local >governments, Chapel Hill, Carrboro, and Orange•County, demonstrated the >vision to establish an urban service boundary agreement - the Joint >Comprehensive Plan. If they had not acted as they did then, we would >now be experiencing sprawl in a wide swath across the middle of 'the >county, similar to what has occurred in north Raleigh. The Board of >County Commissioners must protect us from this type of unsustainable >development and the compromised air quality and traffic congestion that >comes with it. >One thing that has become clear from the very large developments that >have recently been approved in our area is that granting approval for >large project, such as The Streets at Southpoint, breaks down the >zoning in adjacent areas. We have also learned that retail centers >located outside of urban areas bleed the economic vitality from our >existing towns and cities. >Approving this permit request under existing conditions will represent >a failure on the part of the Commission to address these issues and >protect the public. > ' >Mebane does not currently have an urban services boundary in place.'The >County Government should enter into negotiations with Mebane to adopt >progressive policies which would prevent sprawl, including just such an >urban services boundary. You must defer this permit and rezoning >request until these steps have been taken to ensure the integrity of >Orange County's quality of life. >The County is in a very strong position because you confer millions of >dollars in value to the land when you grant' a zoning change. Please >protect the interests of all County residents by voting down this >proposal and working for the changes outlined above. >Thank you for considering this matter. >Mike Collins >Co-Chair >Neighborhoods for Responsible Growth >967-4119 >-- >Mike Collins, mmcc.collins@mindspring.com F' (8 Concerned Citizens of Orange County Responding to the Buckhorn Village Project in Northern Orange County As concerned citizens of northern Orange County in the district surrounding the proposed Buckhom Village development, we would like to petition the Board of County Commissioners of Orange County to consider the following issues: . 1) We do not wish to see irresponsible and environmentally degrading development in this area. New development should contain "green buildings and landscapes". Natural resources degradation is a concern with large-scale development in Northern Orange County. 2) As stewards of our county, we ask the Commissioners to consider improving the Efland and Northern Orange County communities by requiring the developers of the Buckhom Village plan to include enhancements to the community by donating the following at or near the "Village" complex: a. A community recreational sports complex for youth of Northern Orange County. This would include soccer fields, baseball fields, a playground, outdoor and indoor pool facilities and an indoor gym and basketball courts. This would be free to youth in the' community. b. Within this complex, include a Senior Center, which would have a small gym complex and meeting areas. 3} Donate a parcel of land and build a charter school for Orange County. Flease preserve our land and resources and enhance our communities when considering development of Northern Orange County. Date Name Address -~+•~.~ r G ~z~.~. .~ ~q.;~1i ~ ~`~ ~ ~ ~--~~ l ~ Z~3~ Z. 6 a~~~ c .z 7-~-7~' ~~~~..~ ~ Concerned Citizens of Orange County Responding to the Buckhorn Village Project in Northern Orange County As concerned citizens of northern Orange County in the district surrounding the proposed Buckhorn Village development, we would like to petition the Board of County Commissioners of Orange County to consider the following issues: 1) We do not wish to see irresponsible and environmentally degrading development in this area. New development should contain "green buildings and landscapes". Natural resources degradation is a concern with large-scale development in Northern Orange County. 2) A stewards of our county, we ask the Commissioners to consider improving the Efland and Northern Orange County communities by requiring the developers of the Buckhorn Village plan to include enhancements to the community by donating the following at or near the "Village" complex: a. A community recreational sports complex-for youth of Northern Orange County. This would include soccer fields, baseball fields, a playground, outdoor and indoor pool facilities and an indoor gym and basketball courts. This would be free to youth in the community. b. Within this complex, include a Senior Center, which would have a small gym complex and meeting areas. 3) Donate a parcel of land and build a charter school for Orange County. . Please preserve our land and resources and enhance our communities when considering development of Northern Orange County. Date Name Address Slto. ~~> a. 73~ ~ ~~~ INVESTING IN INNOVATION Orange County Economic Development Commission Five-Year Strategic Plan: 2005-2010 ., M; ~~~ v a~~>~~~ ~c~rl Economic Development Commission The Economic Development Commission (EDC) gratefully acknowledges the efforts of the more than 120 county residents who contributed over 1500 volunteer hours to help craft a strategic vision for economic development in Orange County. The EDC particularly thanks the work group co-chairs who gave so freely of their time and energy. The plan has been endorsed by the Orange County Board of Commissioners, the Carrboro Board of Aldermen, the Chapel Hill-Carrboro Chamber of Commerce, and the Hillsborough/Orange County Chamber of Commerce. The plan has also been presented to the Hillsborough Town Board, the Chapel Hill Town Board, the Orange County School Board, and the Chapel Hill Carrboro School Board; formal support is anticipated from these bodies as well. Strategic Vision for Orange County Orange County Economic Development Commission Five-Year Plan: 2005-2010 EDC Mission: Our purpose is to make Orange County a smart, innovative place - a great place in which to live and work. We encourage public-private investments to provide jobs for county residents and to increase the non-residential tax base. Through these investments, we enhance the financial well-being and quality of life of county residents, and the ability of their local governments to provide high-quality services. Overall Goal: To create 5,000 new private sector jobs in Orange County and add $125,000,000 in new commercial property by June 2010 Justification for Goal: Orange County has wonderful assets*, including: • awell-educated workforce (almost 57 percent of adults are college graduates) • historically low unemployment (3.6 percent in May 2005) • high per capita,income (4~' out of the 100 counties in' North Carolina) • public schools that rank among the highest in the state on various performance measures • the University of North Carolina at Chapel Hill, consistently rated as one of the nation's top research universities • proximity to two major airports • location approximately midway between the Piedmont Triad and the heart of the Research Triangle, with interstate highway connections to both • vibrant and distinct towns (Chapel Hill, Carrboro, Hillsborough, and part of Mebane) • protected rural areas, parks, and greenways But the County has challenges* as well: • a tax base primarily composed of residential property (86.4 percent of total assessed value) • location within EPA non-attainment region due to ground level ozone • heavy reliance upon public sector for jobs (44.7 percent of all jobs are in government sector) • retail sales per capita well below the state average • high housing prices; average home sales price of $279,996 • cost of living (at 111.8 percent of national average) well above neighboring counties • perception among many business owriers that the county is not business-friendly • continuing underemployment** • under 60 percent of county workers employed within the county • about 40 percent of county jobs filled by residents of other counties *All data reported aze most recent available as of June 2005. **Underemployment includes workers overqualified for available jobs, those working part time because full time employment is not available, and discouraged workers no longer looking for work. .~ U .~ O W 0 cu ~1 0 .y 0 . o O N ~~ ~ o a~ ~ ~ ~ ~® o C7 ~ ,o o. •~ ~ ~ ~ ~ rQ Cd ~ .p,, o it ® ~ ~ ~ ~ ~ w v ~ ,~ ~ ~ ,.fl ~'~ ~,:b .~ ~ b ~ °~.~U ~ ~ ~ ~ ~ W ~ en _a •~ b ~ p a~ o ~~ ~ '° "' ~ b ~ -d o x ~ ~'~ ~ ° 3 a~ ~ .~ ~ ~ a~ .~ A ~ ~ ~ ~ o c •~ °' s~, 3 ~, ~~~ ~ as ~~~~~~ ~ ~ ~~ ~+ ~ ~ p va ~ ~ ~~ b a~ ~ '~ ~ ~ ~ ~ a U . +~~ ~ 'D ~ ~ {~i ~ U ~ ~ ~ ~ ~ s o ~ y ~ 0 . ~ ~ ~ ~ ~ ~ ~ ~ y > qp ~ ~ ~ (~ 3 U ai 'C ,.O ~ a~ b ,~ o bU o ,~ ~ ~~ 3 .~ .~ ~ ~ ~ ~ ~ 3 ~ ` x U .~ ~ 3 ~ 3 b ~ ~ ~ ~ o ~ O ~ s~ > °'•d ~~ ;~ .~ ~ ~ ~~ y, ~ i ~ ~ ~ ~ a w ~ 0,~.~ ~, by ~.. ~ `~ v °~ -d a~ ~~~ b . U •~ •~ N v ,~ bA 3 •~ an o .~ .~ ~ ~ '~ ~ ~ ~'O ~ ,~ O ~ O V ~ ~ " ~ ~ N ~ ~ ~ b ~ ~ ~i ~ ~ O ~ .F" ~ ~bA ~-d ° ~ Workgioup on Business Climate Overall Strategy: By June 2010, public-private partnerships will have formed to create a stronger business climate and Orange County will have a clear set of guidelines, standards, and procedures designed to sustain and nurture existing businesses, encourage entrepreneurship, and attract targeted employers Why the strategy is critical: Orange County is widely viewed as being unfriendly to business. Regazdless of whether the perception reflects reality, it creates a difficult environment for business retention and expansion, for business recruitment, and for entrepreneurship. By improving the business climate, Orange County can demonstrate its support for the private sector creation of good jobs and increased commercial tax base. This investment will, in turn, result in increased tax revenues to support quality education and enhanced government services. Key Sub-Elements and Action Steps: A. Develop clear criteria defining desirable businesses for the next five years, including agricultural businesses 1) Utilize community values as expressed in previous planning efforts (and Economic Summit) as basis for promulgating criteria for desirable businesses Potential criteria includes: - Builds upon or supports existing assets in the county - Creates high quality jobs for Orange County residents (jobs pay well, offer career advancement potential, offer good benefits) - Increases commercial tax revenues (properly and/or sales tax) - Creates minimal impact on the environment - Possesses viable business plan - Preference for local ownership - Commitment to remain in county - Preference for headquarters - Growth potential, particularly jobs - Preference for business in one of ten industry clusters ident~ed in Reseazch Triangle Regional Partnership's competitiveness plan (Stag; on Ton)z. 2) Engage in open discussion with elected boards, business groups, and other community organizations to develop criteria • Identify and justify RTRP clusters with potential in Orange County • Inventory existing assets in county 3) Develop a consensus for these criteria 1 The following are potential businesseslsectors: life sciences/rnedical technology effort; capture and retain commercialization of technology out of UNC; agricultural biotechnology focus; tourism, conferences and sports tournament, including cross marketing opportunities between urban and rural attraction; agricultural entrepreneurship (with associated loan program?) s The areas aze pharmaceuticals; biological agents and infectious diseases; agricultural biotechnology; pervasive computing; advanced medical care; analytical instrumentation, nanoscale technologies; informatics; vehicle component parts; logistics and distribution. 7 ''d ~ ~ ~ ~ ~ ~ 0 ~ . ,-~ ~ ~ O ~ ~ ~ ~ ~ vi ~ •~ ~ ~ •~ ~ ~ U ~ .~ ~ ~ O ~ O ~ bA ~ ~ ~ .l,,,a N c~ '.~-~ ~ ~ O c~ cat ~ ~ ~ ~ .U ~ .~ i~/1 O ~ O ~~ ~ ~ '~ U ~ '~ ~ ~ "G ~~ Q ~ ~ ~ "d ~ ,.~ .,~ j v~ ~ .O ~ G~ ~ ~ ~ ~ ~ ~' U ~ :~ ~ .~ p O O ~ ., ~ ~ ~ ~ ~ Q ~ O ~ ~ ~ ~ ~ U + N ''O ~ O ~ ~ .,_., ,.~ W v~ ~ ~ ~~ ~ O ~ ' ^d ~~+-~ :~ N O ~ ~ ' ~ ~ ~ ~', ~ cti ~ tst U f ' ~ O U '~ , *~ ~ ~ .i i NU ~ O ~ ~ Gam) ~ O ~ ~ ~ p ~ ~ ~ ~ O ~ ~ cci cia ~ ~ ~ ,~ ~~ ~ N ~ ~ ~ p ~ ~ ~ ~C ~ U •O O rd ,a p ~ c~ ~ ~ c~ N c~ U ,,~ ~ cc3 ~ N w ~ w O w ~ ~ ~ ~ O w rr' cCt O w ~' {~ O ~ ~ ~ <C Pa U (~ W ~ C7 x D. Provide input and encourage participation in updated county land use plan and concomitant tools, including provisions for transfer of development rights, to conserve and protect resources and open space 1) Encourage the adoption bf ordinances and policies transferring development rights from rural to urban azeas (to conserve rural areas and farmland) E. Encourage compact and higher density development in areas served by water and sewer 1) Review and revise as needed permitted land uses in EDDs and activity nodes to encourage the desired businesses identified by Business Climate work group 2) Ensure continued collaboration between municipalities and the county to maintain the Urban Growth Boundary to prevent low-density sprawl in rural areas 3) .Promote redevelopment and re-use of underused and vacant properties 4) Coordinate and enhance housing and transportation options in downtown azeas 5) Support towns in exploring parking needs for downtowns 6) Inventory, water supply resources and agreements F. Encourage mixed use projects that support walkable communities 1) Create opportunities and incentives for people to live close to their workplace 2) Examine efficacy of establishing rural activity nodes G. Promote public transportation, alternative modes of transportation, and encourage car pooling and park and ride participation to reduce reliance on single occupant vehicles 1) Promote telecommuting and flex-time (ex. EPA reward program) 2) Preserve land andright-of-w~.ys azound existing and future rail line and/or other transportation corridors that could serve as a future mass transit rail line 3) Promote density strategy integrating economic development and transportation 4) Work to site schools near high-density residential areas, redevelopment sites, and existing transportation networks 5) Work to promote high density development along transportation corridors ' 6) Work to expand service azea, service hours and frequency, and ridership for area public transportation services 7) Promote and develop alternative and regional transportation infrastructure 8) Work with employers on travel demand management strategies H. Support Schools Adequate Public Facilities Ordinance to ensure appropriate pace of development 1) Permit residential development in accordance with School Adequate Public Facilities Ordinance 2) Build.and open schools in accordance with School Adequate Public Facilities Ordinance 11 Workgroup on Work Force Development Overall Strategy: By June 2010, effective systems will be in place to adequately train and support residents and those who work in Orange County. At least 75 percent of all new jobs in the county (for both new and expanding businesses) will be filled by county residents. Why the strategy is critical: As the cost of living (particulazly the cost of housing) has increased in the county, it has become difficult for low- and moderate-income workers ~to live here. Without more training and support, county workers will be unable to support themselves and their families and will be forced to seek various forms of public and private assistance to meet their basic needs for food, shelter, clothing, and transportation. In the long run, these workers may choose to leave the county, which may result in a worker shortage for certain businesses. Key Sub-Elements and Action Steps: A. Form partnerships with Durham Tech, ZINC Chapel Hill; the Chapel Hill/Carrboro Schools, Orange County 5chooLs, and others to provide adequate training and education to enable county workers to obtain high quality jobs (i.e. jobs that pay a living wage and offer comprehensive employee benejts and career advancement potential). 1) Conduct an inventory of existing vocational and language programs at area high schools 2) Develop vocational courses in secondary schools that focus on skill needs for existing and new jobs while ensuring continued training for all levels of jobs in the service sector (i.e. child care, food preparation, etc.) 3) Continue discussions with Durham Tech to ensure the Orange County satellite campus will offer a curriculum that provides training for existing and anticipated jobs in Orange County 4) Continue to ensure appropriate training programs via county participation in Work Force Development Boazd while providing training for all level of jobs in the service sector (i.e. child care, food preparation, etc.) 5) Connect industry leaders with the higher education community to develop strategies for maintaining industry training and support 6) Develop cooperative education and internship opportunities with UNC Hospitals and other major employers 7) Work with RTRP to establish a regional alliance to develop a strategic plan for cumculum support to targeted clusters B: In coordination with Business Climate work group, help communicate to potential workers the types of jobs the county wants and expects to create so that workers can develop realistic career goals ' 1) Develop outreach plan that builds on the Business Climate Work Group's definition of desirable.businesses. 2) Work with RTRP to develop a regional workforce coordination strategy to anticipate and support the changing needs of business C. Promote access to living wage jobs that offer benefits and career advancement . potential 1) Develop an accurate living wage rate for Orange County that reflects child Gaze, housing, transportation and other costs. Promote this living wage rate to employers 13 ~ ~ ~ ~ ~ '. U .~ N cc3 ~ .v ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ "' .~ ~ ~ c~i ~' ~ O N ;~ .,.~ ,~'~., ~ O U ~ .~ r~ ~ O '~'' ~ ~ +~ O ~ O U ~ ~ U N ~ O '~ ® ~ O U ,~ ~ T3 ' U ® ~ •~ '~ ~ ~ ~ ~ ~ a ~ ~ ~ a~ . o ~ ~ ~ ~ ~ ~ ~., ~ ~ o o ~ ~ ~ ~ ~ ~ ~ ~ a~ ~ ~ V ~ N '-~i ~ O '~ ~ '~ '~ ~ ~i ~ ~ c~ ~b,p U ~ O cH ~ ~ ~~o ~~'~ .~ ~ ~ O ~ O aU' ~ ~ ~ ~ ~ ~ N 0 U U U ~ ~' ~ U cli U O O ~ ~ b, ~ ,.~ ~' ~ ~ U cry ~' p., U~-+ ~ ~ ~ ~ ~ ~ ~d ~ O O U ¢+ ~ O :,~ W •~ o W~ W~ a ~ ~ R-~ <C P4 U Q W ~ U O c~i V 2) Encourage new businesses to locate in underutilized or abandoned historic buildings or older commercial centers (ex. Old Bellwe Mill., Daniel Boone, North Hills, Hillsborough Commons) 3) Encourage Durham Tech satellite campus to offer historic preservation~technical skills training 4) Emphasize importance of historic preservation when acquiring property for conservation and recreation through Lands Legacy program 5) Target historical buildings for revitalization and bring together interested parties to envision joint occupancy (i.e. Bellwe Mill). Also include local communities in visioning process for these structures. D. Provide life-long learning opportunities (early childhood--senior citizen) 1) Increase availability of pre-school, English as a Second Language, vocational and avocational training, continuing education opportunities, and other learning options for all ages (coordinate with Work Force Development). 2) Support public libraries in multiple convenientlaccessible locations 3) Promote computer literacy and wireless capability throughout the County E. Welcome and promote greater inclusiveness and diversity 1) Work with Human Rights and Relations Department to promote community dinners, community book clubs/discussion groups, community awards, etc. 2) Celebrate cultural differences and work to address specific needs of all cultural and ethnic populations (with Human Rights and Relations) 3) Establish incubators and enhance support services for ® Innovative and socially responsible businesses (e.g., ventures supporting for profit and non-profits) ® Minority and women-owned businesses 4) Promote diversity of affordable housing options and ensure open housing laws enforced 5) Provide a wide variety of social and recreational opportunities for youth (ex. Skate pazks, summer internships, volunteer, and work opportunities, teen clubs, etc.) F. Promote hipness by €ocusing on the uniqueness of each municipality and the county as a whole. 1) Promote tourism and festivals (e.g., promote artists' studio spaces as year round destinations, Hag Day, A Taste of Orange, Pow-Wow, Ag Heritage Festival, etc.) 2) Develop a community of events Internet portal to highlight cultural, community, artistic, and other events (a "one-stop shop" for community outreach) 3) Enhance arts organizations and increase community funding for the arts (ex. establish non-prof t art gallery in Carrboro to benefit Arts Center 4) Encourage development df venues that promote informal interaction and exchange (ex. Weaver St. Mazket, River Park) 5) County and municipal governments develop a master plan including acquisition of land for pazks, greenways and open space (focus for example on developing Eno River greenway connecting downtown Hillsborough with West Hillsborough, Eno River State Park, and cultural sites in between) 17 Quality of Place Bobby Clapp, Co-chair John Delconte, Co-chair Rene Campbell Heather Delisle Marty Mandell Chris Moran Michele Rivest Martha Shannon Cathleen Turner Duke Health System Compass Communications CHOCVB UNC Chapel Hill Volunteer IFC OC Partnership for Young Children Orange County Arts Commission Alliance for Historic Hillsborough 19 ~,,,: ~' I `t b d1~IVCSTING IAI ~Ta'NOVA'g'dON ®range County Economic 1~evelopment ComTnission Five-Year Strategic Plan: 2005-2010 ® SS P®12'T Judy 2006 ~~ ~; T Economic Development Commission The Economic Development Commission (EDC) gratefully acknowledges the efforts of the more than 120 county residents who contributed over 1500 volunteer hours to help craft a strategic vision for economic development in Orange County. The EDC particularly thanks the work group co-chairs who continue to give so freely of their time and energy. The plan has been endorsed by the Orange County Board of Commissioners, the Carrboro Board of Aldermen, the Chapel HiII Town Board, the Hillsborough Town Board, the Chapel Hill-Carrboro Chamber of Commerce, and the Ailicborough/Orange County Chamber of Commerce. We anticipate endorsement by the Chancellor's cabinet at ITNC-Chapel Hill and have also presented the plan to the Boards of Education for Chapel HiWCarrboro City Schools and the Orange County Schools. Workgroup on Business Climate Overall Strategy: By June 2010, public-private partnerships will have formed to create a stronger business climate and Orange County will have a clear set of guidelines, standards, and procedures designed to sustain and nurture existing businesses, encourage entrepreneurship, and attract targeted employers. Why the strategy is critical: Orange County is widely viewed as being unfriendly to business. Regardless of whether the perception reflects reality, it creates a difficult environment for business retention and expansion, for business recruitment, and for entrepreneurship. By improving the business climate, Orange County can demonstrate its support for the private sector creation of good jobs and increased commercial tax base. This investment will, in turn, result in increased tax revenues to support quality education and enhanced government services. Key Sub-Elements A) Develop clear criteria defining desirable businesses for the next fve years, including agricultural businesses This activity has been a major focus during the year. As shown in Attachment A, the workgroup has identified potential criteria and suggested the levels of importance to be attached to each. This matrix will be utilized to test support for the criteria as we meet with business groups and elected officials. During 2005-06, the workgroup met with the Executive Vice President of the Research Triangle Regional Partnership and the Director of Community and Economic Development for UNC-Chapel Hill to ident~ those RTRP clusters with potential in Orange County and to inventory existing assets in the County. Discussion participants have included stafffi~om both Chambers of Commerce, the Director of the Small Business and Technology Development Center, Carrboro's Director of Economic and Community Development, UNC's Chancello~° for Economic Development, and the Director. of the Chapel Hill Downtown Partnership. The results of these contacts are included in the list of targeted businesses in the matrix. . A major goal for the upcoming year will be to take the preliminary findings and the matrix to various boards, commissions, and civic groups to begin the process of developing consensus. In this effort, warkgroup members will work closely with the allied organizations listed above, as well as municipal groups, such as the Hillsborough Growth Plan Task Force, the Carrboro Economic Development planning study, and Chapel Hill Town Council's Oversight Committee on Economic Development. B) Identify barriers During the initial planning year (2004-OS), the Business Climate Workgraup hosted four separate focus groups: one for home-based business owners; one far Workgroup on Infrastructure Overall Strategy: By June 2010, infrastructure will be in place to support the county's economic development goals of increasing the commercial tax base and retaining and attracting targeted businesses. Why the strategy is critical: Infrastructure helps support desired growth patterns and economic goals. Orange County and its municipalities have led the state in establishing an urban growth boundary that limits expansion of utilities to .prevent low-density sprawl throughout rural areas. Area governments now need to encourage and accommodate higher density in appropriate areas, including the county's three Economic Development Districts. A) Extend water and sewer into all three Economic Development Districts (EDD) During this year, water and sewer extensions are underway to service the Gravelly Middle School, which will open in late Fall 2006. Although the utility extension has been arduous at times, this opens up the southern Buckhorn EDD to the school and soccer complex on the east: Similarly, water and sewer extensions are underway to serve the Durham Technical Community College at Waterstone in the .Killsborough EDD. The ~' Community Callege is expected to open in August 2007. There was also movement during the year on providing utility services to the Eno EDD. A meeting was held between the Chair and Co-chair of the Orange County BOCC, the County Manager, and the Mayor and Mayor Pro Tem, and City Manager of Durham. The Durham team expressed willingness to work with the County on serving the area, and subsequently Assistant City Manager Ted Voorhees was assigned to facilitate the effort. Two open meetings have been held with property owners and a taskforce is being created to develop a small area plan for the Eno EDD.' B) Establish adequate information networks (e.g., high-speed Internet, cellular towers) throughout the towns and the county The Infrastructure workgroup has had several meetings focused on the Master Telecommunications Plan and the extension of cable and wireless Internet. This will be a priority activity for the upcoming year. C. Encourage participation and input as appropriate in all plans and projects (i.e. storm water plans, plans for the physical infrastructure of Carolina North, including transportation elements for Phase ~ During the year, Economic Development staff has been involved in monitoring Workgroup on Work Force Development Overall Strategy: By June 2010, effective systems will be in place to adequately train and support residents and those who work in Orange County. At least 75 percent of all new jobs in the county (for both new and expanding businesses) will be filled by county residents. Why the strategy is critical: As the cost of living (particularly the cost of housing) has increased in the county, it has become difficult for low- and moderate-income workers to live here. Without more training and support, county workers will be unable to support themselves and their families and will be forced to seek various forms of public and private assistance to meet their basic needs for food,. shelter, clothing, and transportation. In the long run, these workers may choose to leave the county, which may result in a worker shortage for certain businesses. A) Form partnerships with Durham Technical Community College (DTCC), UNC-Chapel Hill, the Chapel Hill/Carrboro Schools, Orange County Schools, and others to provide adequate training and education to enable county workers to obtain high quality jobs (i.e. jobs thatpay a living wage and offer comprehensive employee benefits and career advancement potential). Most of the work of the Workforce Development group during the past year has focused on getting a better understanding of barriers to employment for local residents. During the course of the year, the workgroup hosted focus groups of temporary agencies, employers, and job seekers who were either unemployed or underemployed. Members of the workgroup developed the questions and facilitated the sessions. The employer and temporary agency sessions were videotaped, and extensive notes were taken at the employee sessions. In addition, the work group developed a survey of people who are actively looking for work. In general, employers and temporary agency staff note that job seekers, particularly young applicants, tend to have unYealistic expectations. Several human resource specialists noted that young job hunters think they can move into management jobs immediately, and tend to expect higher salaries than they are likely to receive. There were alsa concerns about basic skill deficiencies and attitudes towar°d work. Among job seekers, the most frequently cited barrier (both in finding a job and keeping a job) was transportation. Other barriers frequently cited were childcare, criminal background, and poor credit report. In terms of keeping a job, the second most frequently cited barrier was pay too low. The survey results as well as a summary of the employee focus groups are shown in Attachment B. The next steps for the wor kgroup include sharing the findings to date with the schools and DTCC, as well as sharing results across groups, possibly in one large focus group that includes participants from the previous sessions. Workgroup on Quality of Place Overall Strategy: By .Tune 2010, Orange County wall have thriving partnerships among government, business, the not-for-profit sector, UNC and congregations ensuring that the county is a great place in which to live and work, attracting and retaining the "creative community" of innovators, artists and civic leaders that will drive the desired economy. Why the strategy is critical: Stated simply, place matters. As Mary Jo Waits pointed out in her presentation at the 2004 Economic Development Summit: ® The natural environment is important ® But natural features aren't enough -urban amenities are required as well ® Lifestyle choice matters ~ Being a smart, innovative place matters ® Intangibles such as "hipness," tolerance, entrepreneurial culture are part of the calculation "The creative heart and soul of the economy will continue to be tied to place" A) Enhance urban character by connecting and supporting existing plans for increasing the commercial tag base and for revitalizing the downtown areas of Carrboro, Chapel ]dill and l~illsborough Activities are underway in each of the towns. In Chapel Hill, the Chapel Hill Downtown Partnership has been established and is working to revitalize Franklin Street, utilizing the Main Street approach. KidZu children's museum has opened in the 100 block of Franklin, and there is a renewed commitment to work on parking issues. The town and Ram Development are preparing to redevelop Parking dots 2 and S as mixed-use projects with large public components. In Carrboro, private developers have proposed a major redevelopment project to house the ArtsCenter and the Cat's Cradle, along with retail and residential units and a hotel. Another mixed-use redevelopmentproject is p~°oposed for South. Greensboro Street. In Hillsborough, the Gateway project envisions amixed--use development anchored by Weaver Street ll~arket. The town's Churton Street corridorplanning is nearing completion, and the town just received a $500, ODO grant for its RiverWalk project, which will connect downtown with West Hillsborough. B) Enhance rural character by supporting local agriculture through efforts such as making farming more profitable by encouraging local markets and supporting complementary conservation and management tools Numerous activities are underway relating to agricultural diversification, including the county s efforts to revise zoning regulations to promote value-added agricultural businesses and the expansion of farmers markets (including a new Summary As shown at the State of the Local Economy presentation in March, Orange County has been losing private sector jobs over the past five years. The Economic Development Commission recognizes that the goal of creating 5,000 new private sector jobs by 2010 is ambitious. We feel, however, that the preliminary work of securing infrastructure for the three economic development districts is going well. It was always our understanding that most of the job creation would occur in the later plan years. It is our sense that support for economic development is increasing in the community at large and at all levels of government. We look forward to continuing to push for the goals,' and engaging additional partners in the effort. Attachment A Investing in Innovation Business Climate,Workgroup Potential Criteria High ~41ed Low Build upon or supports existing assets in the county: ® Suppliers for or buyers of products of existing businesses ( X ~ Enhances product lines of existing businesses (food processing facili I X ® Co-location with other linked businesses (as an eco-industrial park) ~ ~ X ® In-fill development in downtowns, economic development nodes X ® Located on existing or potential transportation corridor, including public transit lines X ---~ - ® Employee needs matches local labor force/training potential X f ® Re-uses or preserves existing structures when possible .~ X Creates high quality jobs far OC residents (jobs pay well, offer benefits, career advancement potential): Hires local workers ~ X ® Provides training and promotion opportunities X ® Provides adequate wages and comprehensive benefits X Provides a safe, clean, and healthy work environment X ® Provides family-friendly benefits X Increases commercial tax revenues (property andlor sales tax) ~~ X Creates minimal impact on the environment: - ~ . ~ _ ® Miriimizes use of natural resources, including water resources ~ X I ®. Uses recycled content products when possible ~ I X ® Uses energy efficiently ~ X ® Promotes accessibility via public transportation/car or van ~ pools/bicycles X ~ ® Utilizes best management practices for water run-off ~ X ® Avoids production and use of hazardous waste or other forms of ~ pollution ~ _ X ® Helps preserve green space X Possesses viable business plan/potential for long-term success with growth ~ potential (particularly in jobs _ X Preference for local ownership and management ~ ~ X Commitment to remain in the county _ ( X ~ ~ Attachment B WORKFORCE DEVELOPMENT FOCUS GROUP EIUIPLOYMENT OUTREACH MEETINGS The Workforce Development Workgroup held two focus group outreach meetings with Orange,County residents who are unemployed or underemployed and actively seeking jobs. The focus group elicited participants' views on becoming gainfully employed and potential solutions to those obstacles. The first meeting was held on April 18~' at the Employment Security Commission in Hillsborough and was attended by five citizens. The second meeting was held on April 25m and attended by six citizens. Susan Lombardo and Ben Mauk led both focus groups. After a brief background and introduction by Susan, Ben led the group through a series of thought provoking questions and discussion regarding the obstacles they personally had encountered in their job search.. The following are the answers, as provided by the citizen participants: Barriers 1. Child care (5:30 pick-up is too early if you are commuting) , 2. Computer training -lack of training in specific software programs 3. Lack of full time opportunities -especially jobs with benefits and livable wages 4. Temp to hire agencies usually result in just temp work 5. Lack of feedback/communication once a resume or application is submitted 6. Transportation, lack of car and expense 7. Jobs that require training -how to live and support family during training 8. Hours during training/introductory period conflict with hours available to work 9. Lack of direct work experience infield 10. No. internships unless you are astudent 11. Globalization 12. Poor credit report 13. Age - no one wants to hire older adults 14. Over qual~ed for jobs available 15. Lack of network in one's field 16. Criminal record 17. Lack of education 18. Resume is not effective 19. Lack of professional jobs 20. Intense competition for best jobs 21. Self esteem declines while unemployed making it difficult to present positive attitude when called for interviews 22. Financial stability declines 23. Cumbersome training process 24. Unhealthy coping habits/substance abuse 25. Finding time for training and job hunting Solutions 1. Nightlflexible hour daycare 2. Small business/technical assistance 3. Educating employers about advantages of hiring older/more experienced workers 4. Internships for non-student workers. 5. Provide job specific training or on the job training 6. Identify misleading marketing tactics 7. Identify and make readily available all resources available to job seekers $. Encourage business owners to consider employing unemployed persons first 9. Provide training that is short term with flexible hours 10. Large corporations have more internal training (RTP) 11. More reliance on ESC for filling vacancies, rather than temp agencies 12. Require drug testing when initially approaching ESC for services 13. ESC should provide training in updated computer skills 14. Company supported educational opportunities 15. Provide employers with incentives for allowing flexible hours 16. Educating employers regarding the benefits of providing child care incentives 17. Tutorial on application process ®range County Worker Survey 2006 Thank you for taking the time to complete this short survey. Your answers will help us to identify the types of services ~ded to help Orange County residents find good jobs. Note that your participation in this survey is completely sntary. You may choose not to participate at any time. • Directions: Please answer each of the questions below to the best of your ability. If you are unable to answer any question, feel free to move on to the next question. 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Iln; i 1d,k(L !}u':1, •i~7Ck!1r'r'`.e.J ~r1't!'s. ,ir~~L~~~i~ ~L- ~~,1j't~o~9M~5`1dA.~_' :"~~AlC~r,~;:1 ~~~5t~~i'G~n~.Q,~I~~:~;! ~ J~I~~A .,~JI,'_?P!d} 4..1 ~:i,J!~ .u~:~ali_."'{d.U'L,~':~t5:"vT~5:{~ ~~.rra;4:1~~°.}:":. ~~~1w65„~s!P+}u n~~ '~'~NY.~~.~~~~`~. fir: ,~T.~;'~L;;:&~~:~ ,u, - Less than 1 week - 2 2 months -~ 15 . 1 ear - 10 1 week - $ ~ 3 months -11 2 ears - 8 2 weeks - 8 5 months - 4 3 years -.3 3 weeks - 3 6 months = 2 4 ears - 2 1 month - 11 7 months - 2 ~ 5 ears - 2 • .. _..., ..,. t........ iL., 1n: f': ._ut'f, ,. lv (. i'y~'V ~,Y.'t..L '4.'VV. p~.9r C, FPI_ ...5.:1~:''xK.{ .. ({'f 4t'• } :1 ... y ~ f~Vlyly ~FY:VCJ ~y~+ ~t{a \/ ~' q f r 5 yy44+. ~~ J. i}a i ' :J ~ ~Gw7~,I.G~~~i R.~~4~~~FL~`~Y~~'P~ 55K::u'(,.t;,t~.lf! ~ _(bivti :, .,. 1... Vir._.2r :..nf... ., ..... JJ.. (r 4i .n.~i=iix"f':':4.c=1!41: s1 , !,: •P.. +:d .1 h'ii{t -!, i]L,'Y .. AC!i{:~ i{. M1!1H{,kxir ~!r~, (•' m',3 :,,3rn, ! : ~I~'1."~ ~S,M1TS.aa :.~..v'k ~'yl, i1•L~'4 .C! Jr':f,?:..Vn , .d T Y:4.,r,hG.?:{ 4 .ti. ....,Nr ~'r. : k }.+F... ~M1 N'~,: 'uL+.," „~V},}J~i•.n _~r<nth 112,il:nr ~},.~ !~1,r~V::~NrJi^.j~ . :,n~ 4~;'F_ yV is~}'1_T: ',{,.~ It u;{: ~ ta: N.r 1:ui ~ iy ri".r~L: i"'C{IT.Vu•N.0'.iln f !E!~('C +~ r.:,v. 7v~3K+'3:v,tc,. ~. -7 ,r. .:,57,: , ~. :'':5fti .F I.Y."'f P `._ ,1... ..1'1.1 3Y1 / < ,!]: NSf,v' ~.7 k.1:1 ~. if ..3:va .p,LS((4h1. ,.CLL 2(~tM1~fX~ ~!,:1,~~,~} h.r:l 1(ATrT ,rl ,'vt'.'M1' it .' v iv: ^"ji ~i"' 1 n LJ,~,.:~K ,.W'l ,Y' ~~t Jh ,~ ~ v L-S.i ~La'~ r[. ,RS j.r~~u ~ .A: 4' :i'S-, , ICJ. N Yn. ~~.y 'v.'iI'~~y~ C!~~l.A:: ~I •' ik"~j~': G:7. .n Y~'t vl. h'.=KE'3'a'y'h. 1 ~v ~+n6~r:_~d:v J'.3!li'Z.1 ^r:nZi ":Y ~t{"4AZ~^1, Y.~..J~Y'V ~:~:i, aus,Tt:~.l~., s!I:..;1M1.dk.I~n9A. r: 'G"~.n „~'k}."Yu!r,M!~rvJ,a.R:.ds.fL.:nA nl ~+u!4'.tre..d. .- ..,,tt YY~~ No HS diploma or equiv - 48 HS diploma or GED - 67 Some College - 47 Two Year Degree -13 Four Year Degree - 22 Grad School - 6 PHD - 1 Strongly Agree-32 Somewhat Agree-48 I Neutral-91 ~ Somewhat Disagree-22 Strongly Disagree-8 .:.. .+. ti...,.a_e'J+c' `s.-:,L'W:Lea..i~;_~`I+.:L~u!f.'Yv... .l /~~ ~ 2 ~,~y~t6'~~nD`r.Q'~7 i~~.~,5y{a~iA!~{v7 J`ti3'4+:I.,.v +c:...R.rrv~lkr'~,T .'~.frf):,?n ~T : .u..~ ':.=,~z~,r"C!_a.. 1.'Sl;"a1LJa?. ~,. ..:; }~ .s.,'._trR' i~ ~ k t r• f. K.. ~~~~sy'~i.~rJ'es~~t-an,:uvh('jA .!r-"I'{vrKY.~i'f`r+i:ev4v.4uJiS,.h.G4,A,r-:P.': rif.._...._~ ..~r:3i'?'- , r11V~,M1/ .~:... ">: r~ r~.r i ; . 5 '. C~ pry ~ .+, y .. 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"4~L.-.rvF12'ri',"'_.LNI,LkI,Sa~{. n,r: .'v.,_,- 1 5~ 1 .at, t: Wwr ', ...;:{ *~... rr't. v x a"~ i -/~ .~S ~r~.3~!~)75rt! -F F J,~'E {/ ~47u~ :r~"4'~>7M~,.!`^6. .I .~~IVS~YI <.rcc,->~A:O'-,f..~4'a. ~! ~...i~,l:?:,..~r.FiF.{!i2r. crongly Agree-10 Somewhat Agree-35 Neutral-56 Somewhat Disagree-53 Strongly Disagree-45 ,.. _._...,- ,,: r.:.,,.: ,. ,.., _..:..-, . -.,. , w4. - .,.~'v ._+,.°x';.~.F ~-,y.N'u,:.r.~1Rrr.t~4'i~ ':{r _.p ~~l,M ~i~1NafJY~G~~CrE~e~ ...;..,r.4.:....~,: -,. ~ -,..;.... ..,. .. _.: .,z,:„..,,;_,r» ..:..-,.-,a- •r.r:-....rte:: +v;..,r6 ,rst, ~.~!~..~W1r,, . r..,,srr"r,'ra,: FTr. ,;n,...,, ~iB :r.. ,(.G I ce~~15F~~nire_t~anr4ha~tr~s v..,._~rar,.: , -ta: .... ;_. , Ta_sr. gs._' L.ifh:.,Fra..lsr.,'~~r,F` Ir ~ ~ .h ~re. t~ir~edl~b :; .: '~ d5'?~':2w`., ~ , ti4*-s:: s. _..:o-_4!F'vF ~ i r'i` J L ,,a ...'+;: ~ ,._4 _cr.,.. .. „ 'tTil',, iW, • _ ~t X S'1+-,y y ,-...ft }f mark o~sr~n~~Jra~, e~YCo , +„ - :t;na d I . :'xr"^k ;F:dr, '~t d'.,r '4-;r ~i .5 S~ ~ykGH..~~:Sh,r 3'x` [and it a~'h"'r'S4-~"-r'..'`'v u , ~._:.~~F~r,_*~r.{r.,~rF.bzn~•?~~,~~' ..:._. Strongly Agree-33 Somewhat Agree-51 Neutral-79 { Somewhat Disagree-26 Strongly Disagree-9 --,r,~,. _... _..-..o--„-.: -,:.._ .-,-,r,.- .. <_ , .•,~irLS'~_l.~F.:d-Y ..3ida;: LhJx'?-T =x:wM:.:t.r„e d3 3. .. R:u ~ ~~~.~k~~wo~l~e`~P..rerrge~ ~_r~:- :-.,-.:.r,. _.r-,- .,.._ .,~...-..,; :., _~.., ,.._: _..r,.:. -, :.., ..-,.r,.~ - rt:.nr+.eriL.r:C Ztl='r.y 'Y~[k'4.-,-a. , :I..lvq'WYtrln,,,irr.ir n..~..44•L!y1:1.:f~''xtJ! ~M1i": i!(d~' !h ~ ~~ ~ iI. - .JZ , ce,~~sr~es~s.,~~ar~~that~:~sare_q~~~red b: r~ d.. ~~_ ~~ .~. - ...r r„n.:,:r....r:r..<;_L::: r. ,-,~vr _~' ' fSFis rF:us`'~Y,'~'r:'n' f:JJ+2Y~ i.,. Wr1, u. `:L.IL ._L. If!,t JQr rr~ Ila ~'~ t°+Q t a~ny~obs~~n, rr~' _~..9u,~~~.{.,~ y h .xr'r,. x _ _'-r+~^i a!.r.{ Ye. r.. !~,-~~~.-Tr:!r4rf",!15: :'!r. vlv "~4 mt, ~: :~'I+~~"+4'''T'ra`"~` ~ '?+~,p FSy 'i~kq"ra'-fta; ~n, ~~r=r~.Y,~~~,~~~-~ ~.~4~~rx.,~~.t~.,;~~~':r Strongly Agree-10 Neutral-60 Somewhat Agree-31 Somewhat Disagree-45 Strongly Disagree-48 ',i'..., 4.'t.Y.>,! .vN~- f5'V"5.: G,!.rn,~!:+...r,.'~.o-r.°' {{`^^ ~t r ~th+~t~rn` ;;r .,.r...r.....r., .:.u..r. ~i;; ',.+~ln` xt46,3h''b?d!.r ,.:. n ,rr4v-..::r:.,'I I.' ,S~Y:4:.ir i ~~.... d:: '~!rl~'',,~!, ., ace,m~a~(es ~~ :hacd ~fioy`, me,~~o~~fir#d ~a ` ...'__.,; .,....~....,...._. _ v.........,._. fr ....... F.~......... .. .v . L„''.. n. ~i' ~ 1,:4 }Y::1-S4.s*i :~ -''dXr.:n.i ~ "i•~.i „f f;;a~. ' o iin~°Ora~i e'~oura ~~~a~ ._v .. ...r ..... ... ......t. .. ..... .... .., rT.15.r.J. u'''u.. ;'~; ;:,, '~~y; 3jti{ Lti S :~i; v~~ err!.. ,K~ti.., ^~~~4~;~; ~~ h~~~ ~;d~.,~x'~~~ ~ , .C...vc.v, i .J~'i._i.TVU4uv 53/i'.1 ..v ..{v' r .E..c. :,t Strongly Agree-18 Somewhat Agree-22 Neutral-42 Somewhat Disagree-39 Strongly Disagree-78 y,.::.:'!i+~'~1'ie?i4't..~v.4i u :.t: K,,_:..tly 'r 3JVR! n j:. ik ~} d 1. ~h h]y~i~ f .,J,}~~}~Va,~~i~'~.~~~~~~I~~ MaV' 3.,-x.','4(3 4:. v~~rrt ~_L~,.}~wv" :I.fi!-rr' r. ~~1 ~ i1 1, f i~' ip L} { Y ~i~~ d o~~a~s~/R/6~~~ ~Mo-.,.~v_....~I..r::.... .. rr:1L#' ~:-L~:r.~ ~;L1 .~'.~ ~: ~{ ! 4 /~~'r o 1r~F1o ~ ~ fV., tA .. .,,~~...t^-.:a..j~._..C~i'... t~L l"3! ~1 Y.-~r~.~f'-~.' .......~i: ....... ,1. ..-f '.- -..v!. /~ ,^(~_ r ..1 "! .F 147:v. ~~~~n:~~tan ~o~!i.V~un, 1 ., ~ -... ~-L_ .Jy,_•__ _. y7 J, ..d ,6 ~t.. iyy,S +r.. '{Fk t1; M!r'f{ + 1 ZT 4 .l.r 7 Ham;-;^~'~^, ~p/:7 }.= 5 +~,~4t (i£~{ !J~"fhrtii'4^nTT+L1 .~;]1 ~2!2~G,~~v~~+rf~l~Yyt~ ~i ~F+~~''^('-.~j!i i v..l: hc..i :!..,,. i.~!:..i?t_.r..V':S.R:,i.jv.sh~.tu:T.-'.i'In6:.e: Strongly Agree-21 Somewhat Agree-39 Neutral-45 I Somewhat Disagree-38 Strongly Disagree-62 'n{•1`~ dC,.toh ::::.,~.!±`~7JjC il. ~'w .t!~' r•'k.: v. -h-! .~.z. vYr 1--r. Sri rtr' •'i.. r .rVr.T_~v.:: '.'f.,i. .. T 1 ':':' '~ Q1 ' }I~l ~ t ~ ~S f ~ ~ ~ H ~ _'.:l v...~. ....ut (Y 'Si 1 .. _. •,: s i RCH ~F E ~ t~ '{ '^..rJ.t.t=X 'kTi!' .w U"S aY. 'vi.i :.~2' j~ ) i, t t f v r /'~ ~ty~ C o t ~ ~'~ ob O M7 ~ ~n!V 1. 11.3 -n 1 rtyN ^r. n ~,~r1R d ins xi a{ 4![ a. rc ~ z ~r'1• a 'S a y 51 h~ ! ~" ~ 1~ ~'~ ~ ~n ~k + p } '~ e~:uc~n ' sa com er o, com o 51~ r~ee ~ -.._.F., r.. __,,.~!!r x....-, ,.n. I S _.'l, r..i.,,. (~. ..T.....,... ... ...V....,~... ,. .. .: ~... ._{';A_..... .r ,t . , orr ,e : . ,:. n., r... .... ........, ...... , n s m ran, a a u ...{:': ..J.: ti!: :`F~ .,. ,.I. .....r....r .. r•.. .o ..., .. ....~ I ; ~:Cr:.k.A -7 ~~ i p~l F ' L;+ ~~ ,,i ,.,LfW 1::~1 , y:4 t. tlu Y..~111~.. (L - '~1!~~4 r~. v! m .t Strongly Agree-80 Somewhat Agree-50 Neutral-41 Somewhat Disagree-14 Strongly Disagree-18 ,..,.~_. ,~ •_" -, , ,.,.»..:. .,.,.m.,.,.~... rn :C -,I ~.. {: .'4:71.~~ivr, :PI!PT1 .,r.: t:l ;X M. '!L' ~ ;~ bl e~! ~ ~ ~ ' ..,.., ... .,:~._, ..rr-: rz ~_ ... -.r .. r ... : ...... 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Better Economy Grants/funding for further education Networking with people in career choice Help with overcoming criminal record Computer training ~ Donated home com uters