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HomeMy WebLinkAboutAgenda - 06-03-2008-5b5dc r ill I 05/02/2005 ~~ la~~ing In Cheeky Township fland/Mebane Vicinity Orange Counfy Planning Department Craig IV. Benedict, AICP, Director April 2008 Submitted as planning evidence as part of Planning Board Buckhorn Village Rezoning and Special Use Permit Application Agenda of May 7, 2008 -Pages 138-142 t~~ INTRODUCTION C Orange County, NC probably has one of the most structural planning programs in the state. Its 27-year comprehensive land use plan has been a stalwart growth management plan that focuses urban activities and preserves rural resources. Over the years, the plan has been reinforced with consistent and complimentary layers of planning to ensure anti-sprawl patterns of development. The following 5 land ordinances and multi-parley agreements create a strong and long standing commitment to orderly and compact growth. These planning constructs are durable and only pliable given deliberate government study and. action. Municipalities and their Extra-Territorial Jurisdiction account for only 13% of the county area and with the addition of county urban transition desigriated areas, another 3.7% is added. This relatively limited area is planned to accommodate the housing density and economic intensity to support housing and' jobs to sustain the urban-rural framework of the county. Rural areas account for 83.3% of the county and compliment the overall land use program by providing opportunities for the preservation of water, environmental and agricultural resources. 7, LAND USE The Land Use Element (LUE) of the Comprehensive Plan, effective in 1981 serves as a guide and provides a regulatory framework for land use in Orange County's zoning jurisdiction. As set forth in the LUE text and map, Transition Areas (i.e. delineated, mapped areas) created specific areas that would be capable, now or in the future, of accommodating higher density and intensity growth (e.g. public transportation, public water/sewer, jobs, services schools, etc). Within Transition Areas various uses (residential, non residential and institutional) are necessary and anticipated. (see Land Use Element) ~ ~a 2A. ZONING (and Subdivision) Land within the Orange County Zoning jurisdiction is subject to the Zoning Ordinance. The Zoning Ordinance is comprised of two implementing parts---the written text and the zoning atlas with the text providing the rules for specific uses and the atlas setting forth the mapped district boundaries to which the text applies. The Subdivision Regulations regulate the subdivision of land. Various land use regulations have been adopted, both locally initiated and State mandated, by the County Commissioners to regulate lands within the Efland/Cheeks area. They include the following: Zoning Ordinance effective in the Cheeks Township on October 1, 1984. Subdivision Regulations effective in the Cheeks Township on March 13, 1978 Watershed Overlay District effective on January 1, 1994 (amendment to Zoning Ordinance. (see Zoning and Subdivision Ordinances) 2B. ECONOMIC DEVELOPMENT DISTRICT (I-85 / Buckhorn Area) effective on March 1, 1994 (revised November 5, 2003) The EDD Design Manual is applicable to this project as well as any other reasonable conditions placed on the project by the Board of County Commissioners during the Planned Development /Special-Use Permit process. . 3. GROWTH MANAGEMENT SYSTEM The Growth Management System (GMS) was created by an amendment to the Zoning Ordinance. Effective on Novemker 5, 2003, the GMS purpose is to provide a process framework for major subdivision review. The amendment implemented varying levels of review, dependent first on whether a property was classified as Rural Designated or Urban Designated,' and secondly on the proposed number of lots. The review processes are matched to the planned intensities of the rural or urban program acknowledging the intent of each. For example a 40-lot subdivision can be more easily accommodated in an urban vs. rural area. (see Zoning Ordinance, Article 4, 7, 8, 22 and Subdivision Ordinance) ~~r i 4. COUNTYIII/lDE WATER & SEWER AGREEMENT The Water and Sewer Management Planning and Boundary Agreement (WASMPBA) is \. a five-party agreement (7 years to create) between Hillsborough, Carrboro, Chapel Hill, Orange County and Orange Water and Sewer Authority (OWASA) that sets forth the finite areas, constraints and responsibilities with regard to the provision of public water and sewer within Orange County. Under the agreement each jurisdiction is given responsibility of primary service provision and secondary service provision (i.e. in an emergency situation). Areas around Chapel Hill and Carrboro are the primary responsibility of OWASA; areas within the Hillsborough water/sewer boundary are the primary responsibility of Hillsborough. Orange County has primary responsibilities through interlocal agreements in Efland and Eno. No party may provide water and sewer services within the Rural Buffer, except for emergency purposes; the secondary provider in the Rural Buffer is OWASA. Orange County is the primary and secondary provider for all other areas of the County. 5, MEBANE WATER/SEWER AGREEMENT The BOCC and the Mebane Town Council entered into a joint water/sewer agreement on February 17, 2004 with the stated purpose that the Town of Mebane would provide public water and sewer services to part of the Economic Development District and a Commercial /Industrial Node designated land within the Orange County zoning jurisdiction. Land outside of the boundary area is not to be served by Mebane per the agreement. In practice, the agreement allows Orange County to maintain land use control (zoning, subdivision, building permits) over all development within the agreement area until the construction process is complete, whereupon Mebane would have the option to annex the land in order to provide city services (police, garbage pickup, etc.) to the occupants of the strucfiures. 6. EFLAND -MEBANE SMALL AREA PLAN (SAP) This plan was adopted in June 2006 and reconfirmed the general location of the urban transition areas for both residential and non-residential land use areas and nodes including Economic Development District areas. There are some land use and zoning improvements to the SAP that are being implemented in stages as recommended. In November 2007, some discussion ensued with the Board of County Commissioners, Economic Development'Commission and Planning Board regarding the I-85 / Buckhorn area and how to group compatible uses (i.e. office/service/retail vs. light industry/warehouse distribution) ~. `f 7. I~'UBLIC IMVESTI~IEIVT IiV EDD ItVERASTRUCTURE In 2004 Orange County purchased approximately 100 acres in the southern I- 85/Buckhorn EDD for a school and regional park. The location of these public facilities in the eastern section prompted the public investment in water and sewer facilities over $1.5 million in value along undeveloped portions of the EDD zone. This commitment in public water and sewer was in part to spur economic development in the corridor. Orange County continues in 2008 to support the existing land use plan urban transition areas (residential and economic development) by proceeding with $4.2 million in additional sewer infrastructure in the Efland and Buckhorn areas. 8. BUCKHORfV VILLAGE Buckhorn Village is an approximate 130+ acres proposed Planned Development that is located in the southwest quadrant of the Buckhorn EDD. A planned development is a zoning construct in the Orange County Zoning Ordinance that requires/allows the applicant, adjoining property owners, businesses, staff and elected officials to master plan land use areas and place conditions on future proposed development site plans. The planned development approach gives all parties more information and greater certainty regarding proposed land uses and site development issues. The planned development is the alternative and more restrictive approach to the general use district atlas amendment guidelines that limit discussion of uses, review of a site development plan and the placement of conditions on a project during the zoning atlas amendment process. See attached Focused Growth Areas/Planning Constructs. ~r.,7 Focused rowth Areas/Plannong Constructs Legend o 0.5 'I Miles Land Use County Wide Water and Sewer Agreement ~~~ ~ Zoning Mebane Water/Sewer Agreement N ~ Growth Management System ® Buckhorn Village `~~ Orange County PlenNng and inspectlons Department GIS Mep Prepared by Mhiem Coleman, Aprii 2B, ZW8 Projedim: North Carolina State Plane (fed) Datum: North Amedcan 7883 Q i~~ MEETING NOTES I+'ROM DEVELOPMENT ADVISORY COMMITTEE - JANUARY 30, 2008 MEETING NOTES: REVIEW O]E BUCJKHORN 'VILLAGE APPLICATION: Attendees: Craig Benedict (Planning), Ren Ivins (Erosion Control), Tom Altieri (Comprehensive Planning), Wille Best (Administration/Interim Economic Development Director), Gayle Wilson (Solid Waste), Grant Gale (Solid Waste), Paul Thames (County Engineer), Mike Tapp (Fire Marshall), Glenn Bowles (Planning), Terry Haclcet (Erosion Control), Karen Lincoln. (Planni.ng), Gene Bell (Planning), Robert Davis (Planning), Brian Ferrell (County Attorney), Michael D. Harvey (Planning), Rich Shaw (ERCD), Chuck Edwards (NC DOT) . * * NOTE -there were other attendees that arrived late to the meeting. They are indicated as being present within. the body of the meeting notes * ~~ Craig: General comments/thanks for coming: ® Application submitted on December 21,2007 ® Flea Market property (as well as other surrounding properties) ® Rezoning/Planned Development- application (rezoning and Special Use Permit requests) ® Regulated by EDD Manual standards and design concepts/suggestions (?) ® Permitted uses are somewhat of an issue -switch to the PD designation in order to get proposed project as submitted (multiple uses) -this process allows the applicant to establish/set acceptable uses for this properly/development ® This process creates, essentially a new zoning district, that will regulate the overall development of the property ® Admittedly this is a very general plan -not very specific guidelines -master planning occurs throughout the narrative -this is what we will use to develop any and all appropriate standards ® We need an explanation of phasing (i.e. if you are developing District I what improvements are going to have to be done in District II and III for access, stormwater, utilities,. etc) 0 Utilities (we need some idea if Mebane can supply water/sewer service) a Explanation of the various processes (i.e. rezoning as a legislative process and a SUP request as a quasi judicial process) Conditions are going to be important -you need to identify issues/special .information that will be necessary in processing this request or reviewing future site plans 1 ~~ ® Hand out of comment sheet by Craig -explanation of purpose and intent ~ ~ Three (3) types of comments: \ o Objections: no way this is going to work as presented in our opinion - violation of code provision or other issue o Comment: suggestions that a change be made to address some issue or concern o Recommendation: we think this could be an enhancement to your project ® Mebane officials showed up (9:25 a.m. Montrena Hadley Planning, Robert Wilson Manager, Jimmy Joe Public Works, Darryl Russell City Engineer) ® Phasing -Mebane comments needed -utilities, stormwater, infrastructure issues (size lines, looped system far waterJsewer, etc) -critical for project of this.size ® Paul Thames: we require them~to install off site improvements for utilities - we need a memorandum of understanding with Mebane -allow Mebane to really dictate issues on infrastructure ® Paul: I am specifically asking about properties to the east -sixty (60) acre Don Collins property -needs sewer -willing to give easement -property to the ease of that is owned by an investment group and they also are looking for water/sewer - temporary pump station on east side of property (subject property) maybe needed - general discussion with Mebane Manager on which specific properties Paul is referring to. (~„ ® Engineer Mebane -good point Paul. Depending on the size of the temporary lift station it may not work out. Makes sense to look at an outfall line to Gravely Hill system -works out over the long term. Better to take this stuff to Gravely Hill system that is already sized to accommodate this waste - we encourage outfall line to get rid of another pump station. ® General discussion - a specific meeting with Mebane; Paul, and Summit to work on some specifics for serving the entire district (ED) will be held in the next week. ® Mebane Engineer -Mebane is in the process of completing the Southeast pump station (Bowman Road area). That station has a capacity of a million gallons aday - can be increased by fifty (50) percent. On an interim basis, as long as it goes to the school it should be alright. ® Paul: Fortunately permitting for this system will not be required to go through the same process as when we first did it. ~ General discussion on the location of water/sewer lines -separate utility discussion withahe-applicant - ___ _ ® Comment sheet (outline for Mebane} . ~ Special condition that has to be met (i.e. water pressure, etc) overall comments are what we also want from Mebane ~ 2 i ® Mebane Engineer -Hydraulic study needs to be done at some point. Paul: are we going to know what the highest point of the proposed buildings are going to be so that we can actually provide some of. this detail. Craig: Yes, throughout the document there is reference to the height of the various buildings per each district. ® Timing and phasing of project -answers are necessary Forms will be available electronically Schedule of project review -sheet -January 7, 2008 we determined that the application was complete ® 9:55 a.m. Sheriff deputy showed up All questions go to me ® February 5, 2008 the BOCC will be reviewing the proposed legal advertisement for this project to go before the BOCC at the February 25, 2008 Quarterly Public Hearing o After the QPH we will still be soliciting your comments .Robert: Primary fire responder. Tapp: Efland. Town Manager: It will be Mebane's fire district after it is done - it will be annexed when done. Robert: Who holds the letter of credits: Town Manager: Mebane. Craig: We will get updates from Mebane on all pertinent information so that we can authorize the project. . a Karen Lincoln.: After QPH it gets submitted to the Outboard for review as well as Planning Board ® Craig: EDC as well ® Craig: TIA plan is stil_1 not complete © Karen: TIA says build out shall be 2011 for the project ® Craig: We need to infuse green building/smart growth standards in this project (impervious concrete, walkable communities, carbon offsets, etc) ® Robert: Is there a compatible zoning district in Mebane that would allow this to be considered conforming. Manager: Yes, we have something comparable to your regulations. ® Town Manager: Subdivision of property is a big concern over ensuring compliance with standards of permit (i.e. SUP) -what will the terms mean ???? a Town Manager: We want to make sure that when we take it over that the theme of the development is consistent ® We need to begin developing a master plan for the entire EDD now that will include Mebane as a primary planning partner in determining the future of the area. o Comments: 3 ~~ o Brian Ferrell: Wish list for conditions will have to be agreed to by the ~ developer as part of the conditional use process (i.e. statute changes for approval of conditions) . o Robert Davis: Gan there be conditions placed on the legislative process as part of the approval of this project (Attorney to review) o Tom Konslor: Env. Health make sure: Existing wells and septic systems are properly abandoned (SUP condition) o Irrigation wells need to be identified A.S.A.P. • a Timing of CO issuance with a complete wastewater system completion (avoid same problems as we experienced with the school project), needs to be guaranteed o Grant Gale/Gayle Wilson: Waster management needs to be coordinated with Mebane to avoid unnecessary complications. Let Mebane drive the waste management train. Question for Attorney: this project has to comply with our regulations. When it is annexed there will be a change that means it will not have to abide by our standards. Can we impose a condition that they will always follow our rules. ou waste management and debris disposal ?? (Attorney review) Town Manager: I flunk that we are going to basically use your standards for this project. o Paul Thames: Concerned about water supply for project, pressure is an ! \ issue and is my primary cocnern. We need to determine if there needs to . be an elevated tank. Will they need to extend the existing water system to create a loop water system. The school is the lowest point at the area and it created problems (had to install a pressure pump .to run sprinkler system}. Fire flow will be a big issue on this project. o Montrena Hadley (Mebane Planner): Your steps involves •a SUP ?? Craig: Yes, we are trying to get conditional use o Jimmy Joe (Mebane Public Works): Water/sewer is going to be the big problem. There will be pressure issues and lift station issues. Craig: Michael, schedule follow up meetings with Mebane to continue this review. o Mike Tapp: Same concerns on water supply. Building clearances and heights need to be. addressed. We will need to work with Mebane and Efland to ensure acceptable development levels. Town Manager: Mutual aid will also be involved - ali parties (Mebane, Efland, County) will be responsible for fire protection. o Glenn Bowles: ® Letter from Mebane for QPH indicating that they can address utility issues or handle providing water/sewer. j 4 "~i.~~ Access roads off of Buckhorn seem to be too much. One (1) access road should be sufficient. ®. Align driveways with Petro to avoid conflicts. m Waiver requests should be spelled out and not just requesting a blanket waiver. ® Plan is just weird. ® Lighting. a Green building standards should be employed. ® Buffer (MTC) should be respected a little more. o Terry Hackett: ® Seventy (70) percent impervious surface -will not comply with Neuse regulations (nitrogen loading, etc). Stormwater will be a problem if this is the intended impervious surface load. No net increase in twenty-four (24) hour storm will be allowed per Neuse rules. ® Need to consider the possibility of lot leveUon-site bio-retention in concert with a stormwater plan for the development project. d This project will more than likely be subject to a NPDS permit. o Karen Lincoln.: ® No connectivity within EDD, we need to look at that. ~~ •Design should be rethought to encourage more open space to alleviate the `sea of asphalt' created by the numerous parking lots. ® TIA does not address potential impact on surrounding intersections that will be impacted by this development. The TIA needs to address changes to these intersections to handle traffic load. o Daryl Russell (Mebane Engineer): Most of my comments have already been made. o Susan: Need building plans. o Gene: Public hearing packet needs to go out on time. February 15, 2008 the packet has to go out to BOCC. This is going to be a big hearing and we may need to flunk about moving the meeting room to accommodate more people. o Sheriff: My interest is man power staff and who is responsible for what. Our focus will change to external issues once the project is completed. Does Mebane have an opinion if the roadways will betaken over once it is completed. Ingress and egress is what we are concerned about during construction and after construction is completed. Who will be responsible for various access points of the project. 5 ~~ Craig: fiscal impact analysis is incomplete with respect to how (~ County/Mebane staff will. be impacted. We will need to address our ~ `- concerns. o Me: Not enough time. o Willie: None. Thanks for coming. We are interested in moving forward on this project in terms of addressing issues/concerns. o Tom: None at this time. The project is consistent with the Land Use Plan and the Efland/Mebane Small Area Plan. I do not foresee any issues. o Ren: Terry covered it. o Chuck Edwards: ® This is a significant project. ® Procedurally we will be involved with driveway permits and encroachment agreements. We need a final TIA document. ® Sixty (60) to ninety (90) days are required to review the project. We do not have a final draft of the document so that we can review lt. There will be phasing involved with this project and we need to be involved in determitin_g this from the early stages,of the process. ® There will need to be some effort made to align driveways along the roadway to avoid traffc problems. m TIA needs to be weekday and weekend traffic analysis. Karen: That is not included within. the draft document. General discussion among the attendees. ( \, 6 ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTIViENT (PLEASE PRINT OR TYPE -INK ONLY) AGENCY CO~iliV1ENTS FOR: DATE: 01!31/2008 APPLICATION NUMBER: PD-07- GLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT REZONING Planned Development Name: Buckhorn Village Planned Development Location: East side of Buckhorn Road, south of Interstate 85 ~1 Comments ~ Page/Section Reference While this is a concept, more detail is, needed as it relates to Page 6 of 26 Access, internal circulation, parking and the like. Eliminate "Future Development Area" at east side of development. Exhibit 5 Resolved Date 2 Comments Page/Section Reference Align Buckhorn access roads with those across the street and Page 6 of 26 Use the central axis drive to separate District ii from District iii Resolved Date 3 Gomments Page/Section Reference A more: definitive listing of retail and office uses is appropriate, Page 6 of 26 Especially as they relate to the Traffic Impact Statement: Where would the residential uses be located in District II1? Resolved Date 4.~Comments ~ __ Page/Section Reference There is no basis to waver any of the BVR, LVR, or SVR. This is the Page 7 of 26 Most basic aspect of the Planned Development. The applicant Shall pose to the County just what they would propose. Show the distribution of floor space and we will encourage multiple floors to attain 70% imperv. ~~~ Resolved Date '~l 5. Comments Page/Section Reference .Section 6.25.5 states, "100-foot buffer area from r.o.w. shall be preserved Exhibif 4 And existing vegetation may be used to fulfill buffer requirements. The MTP buffer shall be extended along Buckhorn Road, too. A 100-foot buffer is still in order or at least to the rear of the oaf parcels. Page 24 of 26 No clear cutting or thinning except for the health of the trees in the MTP. Exhibit 5 Show the MTP buffer on Buckhorn and along Interstate 40/85. Exhibit 5 Resolved ~ Date 6. Comments Page/Section Reference From what will the building set, platted streets, private roads, or Page 12 of 26 Access drives? Will there be a plat involved? Resolved Date 7. Comments Page/Section Reference How much sewer and water service is Mebane willing to accept? Page 6 of 26 When will they be willing to commit to this capacity in writing? Resolved Date 8. Comments Page/Section Reference We will expect the applicant to come to the table with better than Page 13 of 26 Average parking lot landscaping standards, and would suggest They use the USGBC LEED standards. This development could Be an excellent opportunity to work with the developer to implement innovative LEED green Development standards for lighting, parking lot design, stormwater management, irrigation, Water use, and energy conservation. Resolved Date 9. Comments Page/Section Reference Signage -Sign heights are limited to thirty (30') feet and set back Page 15 of 26 Twenty-five (25') feet from the r.o.w. and 200 square feet is area. Why~not use an elevated water storage tank for the destination sign. Please explain the need for five (5) signs per tenant. Page 16 of 26 Resolved - Date Landscaping islands should be spaced every ten (10) parking spaces And street trees shall be planted on a forty (40') foot centers. Large Shade trees are appropriate. Please give us a listing proposed species. Parking shall be based on gross floor area and no over parking allowed. rageisecuon KeTei Page 14 of 26 ~, Page 19 of 26 Resolved ~ Date '~ Comment sheet prepared by Glenn Bowles, Planner ll, CFM, AICP Department/Division Planning & Inspections/Current Planning ~' Development Advisory Board Meeting Date: January 30, 2008 ~,~ ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT (PLEASE PRINT OR TYPE -INK ONLY) AGENCY COMMENTS FOR: CLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT REZONING (~/ Comments Submitted by: Erosion Control . DATE: 01!31/2008 . APPLICATION NUMBER: PD-07- Planned Development Name: Buckhorn Village Planned Development Location: East side of Buckhorn Road, south of Interstate 85 1. Comments Page/Section Reference . , Chapter 2, general The proposed Buckhorn Village project is located within the Neuse River Basin and therefore development is subject to the state's Neuse River Nutrient Sensitive Waters Managemenf Strategy (NC 15A NCAC 26). Orange County Erosion Control Division has local delegated authority to enforce these requirements, which includes both riparian buffer impacts and stormwater requirements. Development of this project must comply with the requirements listed in the County's stormwater Ordinance for Lands Within the Neuse River Basin (Neuse Rules). Resolved Date ~ 2 Comments Page/Section Reference Section 2-1-4, Exhibit 4 The master plan does not indicate the location of required stream buffers. Stream buffers are required under both the Neuse rules and the County's Zoning ordinance (Section 6.23.7, Stream Buffers, as amended on May 20, 2003). Stream buffers should be incorporated into the master plan. Note: impacts to required Neuse stream buffers may require compensatory mitigation depending on what is actually developed. Resolved Date (~ ~~~1 3 Comments Page/Section Reference Secfion 2-1-4, page 8 The application.. states that stormwater impoundments (i.e. wet ponds) will be used to control stormwater runoff and improve water quality. The application also states that stormwater facilities will be designed in a manner to compliment buffers and open space. We .agree with this approach, however we do not believe that the wet ponds shown will be adequate in meeting stormwater requirements. Under the Neuse Rules, new development cannot increase peak flaw leaving the site based on predevelopment conditions for the 1-year, 24-hour storm. Additionally, the nitrogen load leaving the site must be held to 3.6 Ibs per acre per year. Based on the requested 70% impervious surface, staff does not believe the proposed ponds can adequately treat runoff to meet the requirements listed above: Further, it is our understanding that the in-lieu payment option to the North Carolina Ecosystem Enhancement Program to meet the nitrogen loading requirement may not acceptable by North Carolina Division of Water Quality, therefore on-site stormwater best management practices will be required to meet the loading rate. The application states that other innovative treatment approaches such as swales and bio- retention areas, etc. will be considered to supplement fhe stormwater impoundments. Staff believes that these aher approaches will be required to comply with the Neuse rule. We view this as an opportunity to utilize low impact design for stormwater management. Using L' ID techniques or "green infrastructure" can be very cost effective when compared to traditional stormwater infrastructure. We would like to work with the developer to come up with a stormwater master plan that will treat stormwater in a sequence (i.e. "treatment train"). We suggest bioretention cells to be integrated into the. landscape/buffer plan that would satisfy both stormwater and open space requirements. Bioretention and other innovative measures could be installed on a "lot by ,lot" basis, provided the overall stormwater management plan meets requirements. Additionally, we suggest that rain harvesting be considered. Harvested stormwater runoff could be utilized for~irrigation for landscaping and open space. Resolved Date Comment sheet prepared by Terry Hackett, Water Resource Officer/Erosion Control Officer II Department/Division Planning & Inspections/Erosion Control Division Development Advisory Board Meeting Date: January 30, 2008 2 V~~ ~ . ®RAI~IGE COU1~lTY PLA~Ii~II~IC ~ INSPECTIONS ®EPAR`TMEt~I," Craig Rl. Benedict, AICP, Director ~'oantP ~( ~t ~ o~ Comprehensive Planning ~" ~, ~ o 306E Revere Road (919) 245-2575 't P O Box 8181 (919) 644-3002 (FAx) ~'~r,6 ~a~o;,c° Hillsborough, www.co.orange.nc.us I~lorth Carolina, 27278 MEMORAi~IDUM TO: FROM: DATE: SUBJECT: Michael Harvey, Zoning Enforcement Officer Tom Altieri, Comprehensive Planning Supervisor February b, 2008 Buckhorn Vi Ilage Comments Per your request, T have~reviewed the Buckhorn Village Project Review Packet, provided January 24, 2008, for consistency with Orange County's land use plans. Based on the materials that have been provided at this stage of the review process, I find the Buckhorn Village Project concept and land uses as described to be consistent with the Land Use Element of the Comprehensive Plan and the Efland-Mebane Small Area Plan. The proposed Buckhorn Village Project is located entirely within an area designated "Economic Development" by the existing Land Use Element and more recenfily affirmed through the Efland-Mebane small area planning process (Completed May 2006). Although the County is presently updating its Comprehensive Plan, I do not foresee any resulting recommendations that would suggest changes to the Economic Development land use classification, posing consistency issues with the land uses as proposed to date within Buckhorn Village. 1,~ r i~~ ORANGE COUNTY PL~-~~tNING AND INSPECTIONS DEPARTMENT .AGENCY CONINLENTS FOR: CLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT REZONING Comments Submitted by: Grant Gale -Solid Waste DATE: APPLICATION NUMBER: Planned Development Name: Location: PAGE/SECTION REFERENCE: COMMENTS: General Comment: The applicant shall comply with the Orange County Regulated Recyclable Materials Ordinance (RRMO) regardless of permitting jurisdiction (Chapter 34 Article III of the Orange County Code of Ordinances) both during construction and after occupancy. RESOLUTION: COMIVIENTS: PAGE/SECTION REFERENCE: COMMENTS: General Comment The applicant shall develop a ;Solid Waste for each site plan submitted as part of this project for review acid approval by Orange Gounty Solid Waste (regardless of permitting jurisdiction) during all phases of construction activity. Specifically, this plan should address how landclearing, demolition, and construction wastes will be disposed of and that recyclables and waste generation projections be considered in planning for waste collection services regardless of waste or recycling provider. Waste and Recycling generation calculations should take into consideration the highest waste generating activities allowed in each building in the zoning district. We recommend that this plan be initiated as soon as possible so that the collection of recyclables can be considered as the site plan is being developed. We recommend the applicant contact Solid Waste Staff at 918-2942 for assistance in developing fihe Solid Waste Management Plan. RESOLUTION: COMMENTS: ~~ PAGE/SECTION REF]EI2ENCE: CONIlVIENTS: General Comment: The applicant shall hold a deconstruction assessment meeting~~~ with Orange County staff concerning the buildings to ~ be removed from this site. We also recommend the following note be placed on the fiinal plans: "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." RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMMENTS: Pre-construction Meeting Stipulation: We recommend that the applicant be stipulated as a condition of permit issuance to hold the pre-demolition and pre- construction conferences with Orange County Solid Waste staff. RESOLUTION: COMMENTS: r( (\ 2 ~~~ ~` PAGE/SECTION REFERENCE: ---- CONLII~IENTS: ,3efuse and Recycling, Area: 1. The applicant shall provide both internal and external space for collection of solid waste and recyclables. Materials collected shall be at least equivalent to the services provided by Orange County Solid Waste. 2. Waste collection areas should be located in such. a manner as to provide convenient access for users of the facility and safe passage for service vehicles. 3. We recommend the following notes be included on the plans prior to issuance of a Zoning Compliance Permit: "1. Any gate design will include gate retainers. 2. 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." 4. We recommend the following note be included on the plans prior to issuance of a Zoning Compliance Permit: "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." 5. We recommend the collection vehicle access route to any area containing recyclable material collection containers be paved with all-weather, heavy-duty pavement OR the following note be included on the plans and recorded on the plat: "Orange County will Inot be responsible for any pavement damage that may result from service vehicles." 6. Should waste collection areas be located across property lines for shared areas: We recommend that a joint access agreement (and a shared dumpster agreement) be developed for the adjacent two property owners to assure that (both parties may use) the proposed trash/recycling area and that it can be serviced across property lines. We recommend .that this writien. agreement, allowing. refuse collection services to be shared across property lines, be approved and recorded at the Register of Deeds Office prior to recordation of the Special Use Permit Modification document/ Zoning Compliance permit RESOLUTION: COMN.IENTS: PAGE/SECTION REFERENCE: (, - COM[IVIENTS: ~ Food/Grease: We recommend that the applicant reserve space for segregated grease rendering/recycling collection and consider providing space for segregated food waste collection near the delivery entrance for any building which currently houses, proposes to 3 ~u~ ~"\ include or may at some future date ' incorporate a restaurant, cafeteria, bar, or other food service facility at any time. Commercial grease wastes are not allowed disposed with regular wastes. I RESOLUTION: I COMMENTS: I PAGE/SECTION REFERENCE: COMIVIIENTS: Beverage Container Recycling Requirement for ABC Permit Holders: All phases of the development shall comply with House Bill 151.8 (ABC Recycling) (NCGS 18B) for all portions of the development, which contain or may contain establishments requiring an ABC License. RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMIVIENTS: NOTES TO BE PLACED ON Construction Waste: FINAL PLANS: 1. By Orange County Ordinance, clean wood waste, scrap metal and corrugated cardboard, all present in construction waste, must be recycled. 2. By Orange County Ordinance, all haulers of construction waste must be properly licensed. 3. Prior to any demolition or construction activity on the site the applicant will hold apre-demolition/pre-construction conference with the County's Solid Waste staff. This may be the same meeting held with other development ofFicials RESOLUTION: ~ COMMENTS: (~ 4 ~~U ORANGE COUNTY PLANNING AND INSPECTI®NS DEPARTMENT ,, AGENCY COMMENTS FOR: CLASS A SPECIAL USE PERMIT PLANNED DEVELOPMENT REZONING Comments Submitted by: Michael D. Narvey AICP, CZO -Zoning Enforcement Officer DATE: APPLICATION NUMBER: Planned Development Name: Location: .PAGE/SECTION REFERENCE: COMIVIENTS: Page one (1) Section 1-1 The existing first paragraph need further explanation on what is the Purpose and Intent overall purpose/intent of the project is as well as what is being requested. What we have is an insufficient .explanation of both the Comment One (1) overall purpose and intent of the `project' is as well as what is exactly being requested through the submittal of the application. Staff also believes that we need a more in-depth explanation of what is actually being requested. Staff suggests that the existing introduction section be re-written and broken dawn into two (2) subsections: REQUEST and PROJECT INTRODUCTION. The REQUEST SECTION should read something like this:. ` The applicant, Buckhorn Road Associates LCC has submitted this application requesting the rezoning of several parcels along Buckhorn Road from: I-85/Buckhorn Road Economic Development (ED) District to Buckhorn Village Planned Development Economic Development District (BVPD-ED). The properties that are subject to the request for rezoning are bordered by I-85 to the north, Buckhorn Road to the west, and West Ten Road to the south: The properties in question total approximately one hundred thirty (130) acres in land area, are located within .the I- 85/Buckhorn Road Economic Development District, and are located within the Orange County's Comprehensive Plan urbarZ transition land use area. As part of this rezoning request, the Applicant has submitted, in accordance with the pravisians of Article Seven (7) and Article Eight (8) of the Orange County Zoning Ordinance, a request to review a nronosed Planned Development /Special Use Permit (PD/SUP) ~~ application proposing the development of d unified commercial center on the properties. The PD/SUP application proposes the development of over one million square feet of retail, service, office, and limited residential land uses all under unified development control pursuant to the review and approval of the PD/SUP application that proposes a comprehensive master land use, development standards, utilities, multi-modal transportation, and open space program to develop the Buckhorn Village Planned Development'. Staff recommends that you then include a vicinity map within the text to show the location of the pxoposed project: With respect to the PROJECT INTRODUCTION, this would be a perfect opportunity to include the general statements already contained within Section 1-1 of the application. RESOLUTION: ~ COM1VlENTS: ~ PAGE/SECTION REFERENCE: COMMENTS: Page two (2) Section 1-1 Staff believes that there ought to be a new Section outlining how the Purpose and Intent project complies with various County plans/initiatives. Staff accepts that the applicant aught to provide some detail on how they perceive Co_ mment Two (2) this project complies with existing goals, but to only reference Economic Development goals/policy initiatives invites scrutiny. Staff suggests that the applicant create a new Section that outlines not only how the proposal complies, with Economic Development goals but also o£ 1. Comprehensive Plan, 2. Water/Sewer Boundary agreement, 3. Growth Management, 4. Etc. RESOLUTION: COMNI~NTS: ,PAGE/SECTION REFERENCE: COMII~IENTS: Page two (2) Section 1-2 This portion of the project narrative is not supported by the Current Land Uses application. There are actually several properties associated with this project, that are requested for rezoning, that are not listed here (i.e - Comment Three. (3) PIN 9834-36-42235 /PIN 9834-54-1735) ~~ 2 ~~~ ......_.......... . The narrative needs to be corrected in order to reflect the specificity of the application. RESOL~TTION: I COl~~MENTS: ~ PAGGE/SECTION REFERENCE: CONIlI~NTS: Page two (2) Section 1-3 This existing explanation concerning adjacent land uses is insufficient. Adjacent Property Information Staff recommends broadening this section to include a description of all adjacent land uses, such as follows: Comment Four (4) 1. A mobile home park with XX number of units, . 2. A Planned Residential Development with XX number of single-family units, 3. A commercially zoned XX acre property that is currently utilized to support a gas station/convenience store, 4. XX number of vacant properties XX acres in area, 5. A commercially zoned XX acre property to the west of the proposed project, and separated by the Buckhorn Road right- of-way, within the City of Mebane's planning jurisdiction that is utilized as a truck stop, restaurant, gas station, and small scale retail outlet. 6. Other RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMI!'IENTS: Pages two (2) and three (3) Within the last paragraph on page two (2} the narrative begins to Section 1-3 describe the overall design elements of the project and how they are Adjacent Property Information intended to accommodate the adjacent land uses. Comment Five (5) Staff recommends that the applicant consider creating a new 'subsection that begins to outline for the reader the organizational make-up of the narrative so that the reader has a reference as to what information is where. For example, the current narrative indicates that buffering/landscaping information is contained within Chapter Five (5) of the document. In creating this new section, staff suggests that this reference information be supplied for all aspects of the project. Staff would like to take this opportunity to further recommend, from an organizational perspective, that the applicant create tabs ..for all Chapters included within the document (i.e. Chapter One, Two, etc). As has already been done for the various appendices, by .creating an ~~ individual tab for each Chapter, readers can quickly turn to the section they want to review and/or discuss. This will make the presentation of this narrative easier at the Quarterly Public Hearing and avoid confusion. CONIlV.[LNTS: PAGE/SECTION REFERENCE: CON.~VIENTS: Page four (4) Section 2 Land Uses and Development Staff believes that the Performance Standards and Development Areas need to be switched around. The existing narrative does not flow very Standards well. Comment Six (6) Development areas should be identified first, with a thorough explanation of what is being proposed. After the `Development Areas' are properly identified and defined, then discussion should turn to the `Performance Standards' and what is actually going to occur on this property. RESOLUTION: COMMENTS: ~. PAGE/SECTION REFERENCE: ~ COIV~VLENTS: Page four (4) Section 2 The first sentence within Section 2-1 Performance Standards should Land Uses and Development be re-written. You indicate that the proposed development adheres to Standards the requirements of the Design Manual `to the greatest extent possible'. The one (l) question that will come up during the review of Comment Seven (7) this project is: `By whose definition?' Staff would suggest that you indicate that the proposed plan is consistent with the Design .Manual and that waiver requests have been made in order to acconnmodate the peculiar nature' of the project (i.e. a true. planned commercial development that is under unified development control).. Staff is concerned that the current wording will only lead some to challenge your assertion and become the focus of unnecessary discussion and debate. RESOLUTION: ~ CONIlV.IIINTS: ._._........ PAGEISECTION REFERENCE: ~ CONI;MCENTS: Page six (6) Section 2-1 General Comment: As a general organizational comment, on pag'( Permitted Uses (entire section} six (6) the narrative begins ~to identify requested `waivers' from the elements of the EDD Design Manual. These requests need to be 4 ~~~ Comment Eight (8) highlighted differently. While bold and italicized works, we recommend that you also do the following: Waiver One: The applicant requests a waiver from Section XX of the EDD Design Manual .... Following the request would be some detail on the specifics of the waiver request, an explanation of how the regulation cannot be complied with, and a few comments justifying the waiver and providing some detail on how the proposed changes will still be in harmony with the spirit and intent of the EDD Manual. Finally there is a general 'nit-pick that has to be understood. You are not technically requesting a waiver, you are proposing a design solution. You are arguing that you can do it better or that the EDD design standards creates undue hardship and, as a result, you have a proposed solution. Please be mindful of this concept when revising the draft and making any presentation to the County on this project. RESOLUTION: I COMIVIENTS: _ _I PAGE/SECTION REFERENCE: COMIVLENTS: 1?age six (6) Section 2-1 Permitted Uses Comment Nine (9) Your references to the Town Center as District I contradicts the Comprehensive Use Plan Map ou the preceding page. RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMMENTS: Page six (6) Section 2-1 Permitted Uses Comment Ten (10) Either District III is going to be retail or residential. You need to make a decision and go with it. Any future change will require an amendment to the approved Master Plan. RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMMENTS: Page six. (6) Section 2-1 Is this a design solution proposal or a statement indicating the land ~ Permitted Uses uses that will be allowed within the Planned Development Comment Eleven (11 5 ti I RESOLUTION: I COMIYIENTS: _ ~ PAGE/SECTION REFERENCE: ~ COMMENTS: Page six (6) Section 2-1 General Comment: You really ought to list out each individual Permitted Uses (entire section) District area and identify each proposed land use. You have already lane some of this undex Section 2-1-1 Development Areas. Comment Twelve (12) The narrative would be easier to following if you would breakdown the proposed land area for each district, the proposed square footage of each proposed use, and a detailed list of the proposed uses including relevant operational characteristics. Any waiver requests should be listed at the end of each section for specific items. RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMMENTS: ~ Page seven (7} Section 2-1-3 General Comment: Blanket waiver/design solution Land Use Intensity (entire section) requests/proposals are unacceptable. You need to identify the problem with complying with each individual ratio standard (i.e. Comment Thu-teen (13) Building Volume Ratio, etc), identify what your proposed BVR is going to be and show what you are doing to off-set the impact of having a different ratio as part of the project. RESOLUTION: COl~![MENTS: PAGE/SECTION REFERENCE: CONIlV~NTS: .Page seven (7) Section 2-1-3 Staff recommends that you break down this information as the Land Use Intensity -Impervious requested impervious surface area per each development district. As Surface Ratio waiver for any waiver you request, you shall be required to demonstrate how you are complying with. the overall spirit of the regulations or that Comment Fourteen (14) your proposal is more reasonable given pre-identified factors. RESOLUTION: COMMIILNTS: PAGE/SECTION REFERENCE: Page seven (7) Section 2-1-3 COMMENTS: blanket waivers are not ~oin~ to be C 6 ~~~ Land Use Intensity -Building Volume Ratio Comment Fifteen (15), Sixteen (16), and Seventeen (17) You will need to provide staff some more detailed numbers and run the BRV, ISR, and determine your total SVR as part of your project. You may not need waivers if we can get some actual data to analyze. (- RESOLUTION: ~ COMMENTS: _~ PAGE/SECTION REFERENCE: CON~NTS: Page eight (8) Section 2-1-4 Crrading and Erosion Control Comment Eighteen (18) We need more specific analysis of why you are requesting these waivers. Show how you cannot achieve the minimum requirements and then indicate how your proposal will actually make for a better project. RESOLUTION: COM]VIENTS: PAGE/SECTION REFERENCE: COMMENTS: Land Use Plan -MAP Staff needs you to provide a more detailed breakdown of what exactly you are doing. Provide a detailed district site plan, for each district, indicating: 1. Building foot print areas (actual square footages of buildings, heights, etc), 2. Parking acres (parking spaces, drive isles, internal landscaping, etc), 3. Roadways (widths, etc), 4. Loading areas, 5. Fire lanes, 6. Open Space/landscaping areas, 7. Stormwater retention areas, 8. Landscaping preservatiori areas, 9. Etc. We need this detail in order to determine your compliance with the provisions of the EDD Manual as well as to justify any and all requested waivers. RESOLUTION: COMMENTS: PAGE/SECTION REFERENCE: COMMENTS: Page nine (9) General Comment: You really need to identify the architectural Design Criteria design features that will be part of this development in this section. You should consider providing examples and outline the architectura. Whole Section control standards that you would recommend be included within the 7 final document approving the project. LUTION: COMfVlENTS: PAGE/SECTION REFERENCE: COMI~ZENTS: Page thirteen (13) Section 2-2 Landscape Design Entire Section Again, explain why the waivers are consistent with the intent of the district. Provide some examples of what current regulations would require and how your pxoposed revision would be more reasonable and yield a better outcome. RESOLUTION: COMNLENTS: ~~ i~~ Comments from Karen Lincoln, Transportation Planner II 4128/08 3-2 ALTERNATE TRANSPORTATION ACCOIVIIVIODATIONS a. The developer shall include bicycle lanes and sidewalks along both sides, northbound and southbound, of the~bridge on Buckhorn Road over 1-85. b. 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 an West Ten Road to. Buckhorn Road. c. 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. d. 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 adjacent property in the Economic Development District all the way to the eastern property boundary. e. The developer will provide wide outside lanes (14') to accommodate bicycle . traffic on internal roads where bicycle lanes are not provided. f. 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 al( the way to the eastern property boundary. g. The developer shall provide crosswalks at all intersections within the development. Crosswalk improvements may include painting, pavemerif . 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. h. The developer shall provide a pedestrian trail along the sewer easement in the southeastern portion of the property to the property boundary ~to enable future development in the Economic Development District to continue the pedestrian trail, which will provide an off-road pedestrian trail from Gravelly Hill School to Buckhorn Village. i. The developer shall ensure the following Travel Demand Management requirements through incorporating these requirements into the leases or v°~ individual sales documents for future tenants to be included in the planned development owners' association covenants: 1. The developer shall develop a Travel Demand Management Plan for the entire development that includes, but is not limited to, the following provisions: 2. 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. 3. 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. 4. 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. 5. The developer will include pullouts at business locations to allow private ~ transportation providers (taxis and vans) adequate access for boarding and disembarking passengers. ~~~ Buckhorn Village Development Proposal : Planning Board questions and Requests for Information 4/9/08 Question 1 This is a request that the applicant provide information in the form of a site plan and conceptual design of the proposed development, including the information required by: ® Section 8.2.1 of the County Zoning Ordinance, and a Sections 8.1, 8.2.1, 8.6, 8.8, 8.8.23, 7.2, 14.1, 14.2.2, 14.2.1 and 14.2.3 of the applicable Orange County zoning ordinance. The site plan should be drawn to a scale, and present enough information about the development project, to adequately demonstrate: a The relationship between the existing and proposed site features, ® The portions of proposed development specifically affected by the applicant's 14 requested Waivers/Exemptions to the existing County performance standards for this project, and m Sufficient information about the site plan design necessary to demonstrate compliance with at least the land use intensity, and other key project performance objectives, of the EDD Design Manual. STAFF RESPONSE: While you are technically correct that normal Special Use Permit (hereafter `SUF') applications are required to submit detailed site plans in accordance with the provisions of Article Eight (8) you need to understand the following: 1. This is a Planned Development (hereafter `PD') application that is reviewed in accordance with the provisions and standards listed within Article Seven (7) of the Orange County Zoning Ordinance (hereafter `Ordinance'). 2. As outlined within Section 7.2.3 of the Ordinance, applicants requesting a PD rezoning are required to define the following within their application: Allowed Uses Must Be Slaown On Tlie Plan If the petitioner elects to apply for a Planned Development District the petition must specify the actual use(s) intended for the property specified in the petition and the intended use(s) must be permitted in the corresponding general use district. In the petition for a Planned Development Dish°ict, the County Cornrnissioners are to approve, approve with conditions or disapprove the petition on the basis of the proposed site plan and the specific proposed use. Any change in the use shown on the plan will be tr°eated as an amendment to the Planned Development, as set forth in Article 7.8. There is no requirement that an applicant proposing a PD be required to submit asite-specific development plan. They are only required to submit a conceptual site plan/master plan outlining the specific uses being proposed. 3. It needs to be remembered that the applicant is not proposing to develop the property at this time, which is why there is no formal site plan being reviewed. The applicant is seeking to have the property rezoned to a PD designation. The development of the property will only occur after the decision on this rezoning application has been reached. ,~` 4. Allowable uses are regulated in accordance with the provisions of the Economic Development Design Manual, which is Section 6.29.3 of the Ordinance. As detailed within the PD application, and within the various Public Hearings, the following uses are intended to be ~ developed within this project 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. Musicallnstniments, 4. Transportation, Communications, and Utilities: a. RaiUBus passenger shelter, b. Surface and structure parking as principal use when associated with a local or regional transportation goal (i.e. mass transit or park-and-ride lots) c. Public .utility stations and sub-stations, switchiizg 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 off ces, c. Insurance carriers and agents, d. Real estate agents and brokers 7. Services: a. Automotive Service (i.e. gas station) b. Daycare facilities, c. Hotels and Motels; d. Schools dance, art, music, e. Beauty and barber shops, f. Indoor theaters, g. Indoor entertainment (i.e. arcade, sport activity, etc), ( C h. Health services including doctors and dentist offices without medical or dental laboratories; i. Laundry, dry cleaning, and shoe repair services, 112 j. Libraries, k. Art/photographic studios, 1. Recreational facilities, m. Other offices and personal services including: i. Attorney, ii. Watch and jewehy repair, iii. Computer programrr~g 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, iv. Volunteer fire departments b. Government facilities and office buildings 9. Other Uses: ' a. Parks, b. Outdoor theaters, c. Greenways, d. ~ .Community/roof top gardens The applicant has requested the development of multiple commercial uses on this property consistent with alarge-scale unified commercial development. Multiple conunercial uses of a given parcel of property have to be approved as a PD as outlined within the Ordinance. The one (1) design solution the applicant is proposing, that deviates from the EDD Manual, is to allow for Residential Dwelling, IV.iulti-family as part of the development site... 5. With respect to the development of a PD within the Economic Development Zoning District, Section 7.21 of the Ordinance outlines the review and approval of such applications. This portion of the Ordinance reads as follows:. PD ED PI~i~VNED DEVELOPMENT-ECONOMIC DEVELOPMENT DISTRICT The following regulations and requirements apply to PD-ED Planned Development-Economic Development Districts. 7.2X.1 PD ED District: Definition and Inte~Zt PD-ED districts may be established in accordance with the general procedures and requirernents set forth in Articles 7.1 through 7.9 and with the intensities arzd irz 1~~ 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 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 ~~hich 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. The applicant has submitted informing indicating that they intend to adhere to all but fourteen ~ (14) of the .existing design standards as detailed within he Economic Development Design Manual. The applicant indicates that they cannot meet the specific requirements of: 1. Section 14.3 of the Ordinance as this is not a formal site plan submission, rather it is a PD application seeking approval of a PD rezoning anal SUP that establishes the formal development criteria that will govern the submission of future site plans proposing the development of this property, and. 2. That they would like to see the approval of fourteen (14) design solutions that meet or exceed the provisions of the Economic Development District Design Manual. 6. PD's are required to obtain a SUP in accordance with the provisions of Article Eight (8) Section 8.8.23 that reads as follows: 8.8.23. X ~ Additional Information 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. ( C 8.8.23.2 Standards of Evaluation i~ ~ The standards of evaluation shall be as per applicable sections ofAr°ticle 7. The SUP condition is that they adhere to all of the standards, and are evaluated, in accordance with .Article Seven (7) of the Ordinance and that the County can make the appropriate findings in authorizing the development of the project, specifically: (1) The use will rnaintairz or prorr~ote the public health, safety and general welfare, if located where pr°oposed and developed and operated according to the plan as submitted; (2) The use will maintain or enhance. the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain ar enhance the value of contiguous property); (3) The location and character° of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan far the physical development of the County as embodied in these regulations or~ in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners; 7. Your references to the applicant adhering to the provisions of Article Fourteen (14) only occur once a site plan has been submitted proposing the actual development of the property. This will only happen if the PD rezoning application is approved. 8. It needs to be remembered that if the developer/applicant was not proposing a unified commercial development, with multiple use tenants on single lots, then he could develop this property for large-scale retail with the submission and review of a site specific development plan that would be administratively approved by staff in accordance with .Article Fourteen (14). ]Background for this information request The applicant has stated in the "Performance Standards" section of the application package... "Given the 1994 Design Manual is tailored for° light industrial assembly and distribution in the I-85/Buckhorn Raad Economic Development District, ,flexibility thrrough the planned development approach is paramount. Requested waivers from the EDD manual are identified herein according to the affected districts and proposed land uses" Actually, the EDD Design Manual (1994 with revisions through 2003) establishes the performance and design standards for all development projects, in all of the County's 3 Economic Development Districts. Its performance and design criteria were written to address a variety of land uses and development potentials within the three County EDDs. There are literally 9 pages to the Permitted Use Table contained within the EDD Design Manual, that outline the variety of uses allowed in one district or another. ~ other words, the performance and design standards of the EDD Design Manual were not intended to apply to only light industrial development in only the Buckhorn Road EDD. The performance standards contained in the Design Manual are designed to have the flexibility to address "a wide range of light industrial, distribution, flex space, office, service, retail, and residential uses". l~ Generally speaking, Performance standards, like those in the EDD Design Manual, are by their nature, flexible standards intentionally designed to allow the opportunity for multiple creative solutions and different design scenarios to meet the desired outcomes and objectives of the standard. Unlike ~ C„ prescriptive standards, a performance standard is based on achieving a desired outcome or objective, rather than simply implementing a direct imposition of a rule. To be able to implement, revise, or meet any performance standard, there would need to be a clear understanding of not just what it says, but also it's intended objective. • The applicant has indicated in the text of the project application that due to the "particular nature of this project" that the project, as designed, will not be able to meet many of the required performance and design standards outlined the County's EDD Design Manual. As a result of the applicant's self- assessment ofthe proposed design solution against the existing performance standards for the EDDs, the applicant has determined that in order for this particular project to proceed, as designed, it will require the County to delete or modify 14 of the performance and design standards of the EDD Design Manual. While the applicant has been able to make•this self-determination about the proposed project, so far, the applicant has not shared with the public or the Planning Board that same level of information about the project to be able to demonstrate: ® How/whether/why the proposed design would not be able to meet the existing project performance criteria of the Design Manual, ® How/whether the requested Waivers and proposed alternative solutions would allow project to better fit the site, How/whether the proposed alternatives to the existing standards would ensure that the objectives of the performance and design standards of the EDD Design Manual were being met. There is currently not enough information provided by the applicant about the layout, form, land use intensity, and designed features of the proposed project design to demonstrate whether or not this project would meet the objectives of the basic performance objectives of the EDD Design Manual. The applicant has said in the text of the project's application that the proposed "development is consistent with the EDD Design Manual", however, the applicant has not provided enough plan information about the `particular nature of the project' or about the existing conditions of the site, to demonstrate whether it would, or would not, be able to meet the performance. and design standards of the EDD .Design Manual. STAFF RESPONSE: By .definition the. project will have to•'comply with all, except the fourteen (14) proposed design solutions, of the standards of the Economic Development Design Manual. Once a formal site plan is submitted proposing the development of this property, the applicant will have to demonstrate compliance with all applicable standards, including those additional standards imposed by the County through the review and approval of the PD application.. We need to make sure that we understand the nature of the request: 1. The applicant is requesting that this property be rezoned to a `PD' designation and allow the development of this property as a unified commercial development, 2. The applicant has indicated that they will adhere to all applicable `standards' outlined within the Economic Development District Design Manual, with the exception of ~ fourteen (14) standards for which they are proposing `design solutions' for, 3. If the County.does not approved a proposed `design solution' then the applicant will be required to adhere to the standards of the Manual, ~~ 4. A site plan will be reviewed for compliance with all applicable standards in accordance with the provisions of the Ordinance. 5. Staff, in accordance with the Ordinance, will administratively approve this site plan. Question 2 This is a request that the applicant provide enough information about the site plan/conceptual design of the proposed development, (including the information required by Section 8.2.1 of the County Zoning Ordinance), to demonstrate the design intention achieved by applying the "value substitutes' offered by the applicant in lieu of the EDD Design Manual's performance objectives in Waiver #s 2, 3, 5, 8, 9, 10, 13, 14 (summarized below). Related to the project's intensity of land use, the applicant has requested 8 Waivers of the performance and design criteria of the EDD Design Manual, stating they are needed in order to "accommodate the particular nature of this project"; and in part, to "Preserve existing vegetation, especially significant stands of trees and along drainage ways, on steep slopes, and in buffer areas" and "Use the natural sliape of the land witli minimal grading to locate features in a way that minimize iraapacts on and off the site". However the applicant has not demonstrated that the Waivers are necessary to the design of the project on the site, or that the alternative solutions presented will increase the preservation of any of the existing natural features of the site. For example, a very fundamental and key performance criteria, applicable to all projects proposed for development in the County's EDDs is the ability to meet the "land use intensity standard that projects in the Economic Development Districts must meet" (Section 2.3 of the EDD Design Manual). The EDD Design Manual was prepared by the County specifically for the purpose of defining the performance and design standards for development projects in the County's Economic Development Districts, so that these projects could reflect the County's objective to maintain a "desired balance between economic development and environmental protection". The application package for the Buckhorn Village Development has said, but not demonstrated, that the overall. development, as planned, would meet the land use intensity performance standards of the EDD Design Manual (as defined on page 2.3.12, of the EDD Design Manual). To the contrary, given that 8 of the 14 Waivers that the applicant has requested for this project (suzninarized below) are Waivers that would potentially increase the land use intensity for this project... Landscape Design Criteria (fewer shade tree plantings for parking lots and 70% less foundation plantings around the buildings), ® Land Use Buffer Criteria (a decrease in the required buffex widths from 100 feet to 25 feet), e Land Use Buffer Criteria (increasing the amount of allowed tree buffer removal from 25% to 60% removal) Site Grading Limits (increasing the allowable graded slopes from 33% to 50%), ® Building Setback Requirements (decreasing the landscaped areas between the parking/driveway and buildings from 10-25 feet to 0-10 feet), ® Land Use Lntensity Standards (a request to entirely delete this performance criteria of the EDD Design Manual ), and o Landscape Design Criteria (decreasing the amount of setback between walls/fences to road right of ways/property lines from 10 feet to 1 foot.) ~~ ...there would be reason to question whether the proposed design for the project would comply with the objectives of the performance standards (with or without approval of the Waivers), including compliance to the very fundamental land use intensity objective of the EDD Design Manual and the very basic County objective to maintain a "desired balance between economic development and environmental protection" STAFF RESPONSE: As previously stated, the project will have to comply with all, except the fourteen (14) proposed design solutions, of the standards of the Economic Development Design Manual. In evaluating the appropriateness of the proposed `design solutions' staff made the following comments in the general memorandum outlining this project for BOCC and Plaiuiin.g Board review. This memorandum is attached for your review. The Ordinance does not require the submission of a site plan detailing the physical nature or impact of the proposed `design solution'. This detail, for the most part, is contained within their application. If the County does not believe sufficient justification is available to approve a proposed `design solution' then it is denied and the applicable EDD Design standards is required to be complied with. Question 3 What is the intended construction timeframe for this project, and if phased, what is the projected time to completed construction of each phase ? STAFF RESPONSE: The .applicant has indicated that, if approved, the project will be `built out' by 2015 with District I being built first. ' ~ ~. Question 4 Please clarify whether residential condos will or will not be included in District 2. The table on page 16 of the application shows that no residential development is planned for this phase, yet the description on page 18 suggests that residential development is planned in District 2. STAFF RESPONSE: The applicant is proposing to develop residential units in both Districts II and III per the proposed Master Plan and application. Housing in District II is intended to be located on the second or third floors of the proposed commercial units. ' Question 5 What are the "unique needs" of Buckhorn Village's parking lots (as mentioned on page 35 of the application package) that would require the 2 Waivers/Exemptions (#8 and #9) to the EDD Design Manual.... potentially resulting in a reduction of theamount of landscaping required around the buildings and a reduction in the number of shade trees for the parking lots ? STAFF RESPONSE: The applicant has indicated during their Public Hearing presentations; that the rationale for this request is based on the fact that they will have shared parking for all uses thereby reducing the overall need for physical parking spaces. The proposed `design solution' is intended to allow for the planting or larger shade trees that will cover a greater area than more `landscape space' that does not offer the same benefit. ~ ( C i~~ Question 6 Due to the small size, lack of scale, and very conceptual nature of the diagram presented, it is difficult to ;' read from the proposed "Comprehensive Buffer and Landscape Plan" (inserted between pgs 38 & 39 of the package) whether or not the applicant is requesting that up to 60% of what appears to be an existing riparian buffer (and existing MTC land use buffer) will be removed next to I40/85 so that there can be increased "visibility" of the tenants of the mall from the Interstate. Since this is a request by the applicant to Waive existing performance standards, please provide, for clarification, a scaled plan (at a scale that clearly illustrates this area of the site) showing the intended extent of disturbance to the existing MTC and required riparian buffers... showing the actual extent of the proposed area of the buffer to be removed, the existing stream location, the location of the proposed roads, stormwater pond(s), and other impervious surfaces (i.e. parking lots) in the area. STAFF RESPONSE: The Ordinance does not require the submission of a site plan detailing the physical nature or impact of the proposed `design solution'. This detail, for the most part, is contained within their application. If the County does not believe sufficient justification is available to approve a proposed `design solution' then it is denied and the applicable EDD Design standards is required to be complied with. Question 7 Does the pedestrian `wallcability plan" include any provisions for a safe means of pedestrian circulation along and across Buckhorn and West Ten roads between this proposed development and its- neighbors (present or future neighbors)? "~ STAFF RESPONSE: The `walkability plan' does not indicate how pedestrian will access the property by crossing Buclchorn or West Ten Road. The plan does indicate sidewallts along the boundaries of the property along both roadways to facilitate pedestrian access. We could request crosswalks and street crossing devices to facilitate ofF site pedestrian access but the developer cannot be made to install sidewallcs across either Buclchorn or West Ten Roads. Question 8 As described in the 2/25/08 QPH package, page 10, a County Development Advisory Committee (DAC) met to review and assess the project application. Was anyone from ERCD staff included in this review team? STAFF RESPONSE: Yes, Mr. Rich Shaw is a member of the DAC review team and was copies on all information concerning the application. ~v, Question 9 Please provide a copy of the comments/concerns related to the development application that resulted from the DAC's review. ~ STAFF RESPONSE: It will be part of the Plamzin.g Board packet. Question 10 With regard to the proposed development plan's compliance with the County's Comprehensive Plan and Policies, the applicant's development proposal states that the "proposal is consistent with several County plans and policy initiatives including:" the County's goal to provide "Viable and sustainable commercial development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents". While Economic Development Goal 1 (page 4) is stated in the development application, the applicant does not describe how the proposed development will actually contribute to that Goal. ® How does the proposed development contribute and support sustainable commercial development Please provide examples of how this development is a commercially sustainable project in Orange County. ® What features and characteristics of this development, related to its plannixag, siting/location, construction, or operation would qualify it as being classified or defined as sustainable ~ (C. development? ® Please describe the nature of the proposed "high-quality" employment opportunities that would result from this proposed development. Economic Development Goal #3 is stated in the development application, yet the applicant does not describe how the proposed development will actually contribute to that Goal. a What `effective systems to train and support residents anal those who work in Orange County' will be provided by or supported by this development? Land Use Goal #6 is stated in the development application, and the applicant states that the 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' ,yet the applicant does not describe how the proposed development will actually contribute to that Goal. ® .What portion_of the site's. existing .natural features will be preserved with proposed project,? _ _ _. ® Does the proposed development meet the minimum EDD Design standards that reflect County's "desired balance between economic development and environmental protection"? (~ '~~ STAFF 12ESPONSE: With respect to addressing your concerns over compliance with Comprehensive Planning goals, the ~' applicant has provided answers to these questions within the body of the application. You are either going to have to agree or disagree. With respect to the second question concerning preservation of existing topography and~natural features, the applicant has indicated within the plan that the buffer areas will be preserved as they exist with the exception of hand clearing to allow for infrastructure installation. The property will be graded, developed, and re-plated with new vegetation is accordance with approved Erosion Control, Site Specific Aevelopment, and Landscape plans that will be reviewed and approved by staff at a later date. question 11 On Exhibit 5 (between pages 38 and 39 of the development application) the applicant is showing a required 150' (Type F) buffer between the proposed development and the existing Clearview residential subdivision. The applicant noted on this plan that the required 150' foot buffer of existing vegetation is to remain undisturbed... except for where it will be cleared to allow for "access, utilities, grading and stormwater facilities." The applicant stated that where the existing buffer is disturbed, it will be replanted/replaced with new vegetation that would be equivalent in planting density and buffer width to a Type C (40') buffer. A Type C buffer is substantially smaller than a Type F buffer (40 feet wide vs 150 feet wide). Since the proposed `replacement' buffer would be significantly smaller (40' wide) and potentially less effective (as a buffer) than the required 150' wide buffer, and since this buffer is located between a commercial development and a neighboring residential development... and since this is a land use buffer intended to mitigate the conflicts between Z different land uses (residential subdivision vs retail mall)... and since there seems to be seems to be a significant level of `activity' planned for an area that is intended to be left undisturbed... Please show on the landscape plan the extent of the buffer area that is intended to be cleared for `access, utilities, grading and stormwater facilities' as described in the application. STAFFRESFONSE: One (1) of the conditions associated with this project, that staff is recommending, is that the one hundred fifty (150) foot wide buffer shall be properly maintained at all times. Exhibit Five (5) makes an erroneous statement concerning the standard that will .have to be adhered to if the buffer is disturbed. With respect to the request for a detailed landscape plan, please refer to previous comments contained within. this document. ** NOTE: Questions Twelve (12) through Sixteen (1~ will be answered by the Planning Staff and the Developer as soon as practical *X 7\ Question 12 As related to Waiver request #5, please provide an example of a `downtown' streetscape with in-line shops that have less than 1 foot of setback (or zero line setback) along the front and rear of the building (and between the building and the street or between the buildings and the parking areas), as a means of demonstrating the design intention for requesting this Waiver as part of proposed project. Question 13 As related to Waiver request # 10. Please provide an example (i.e. sketch and section) of how a wall or fence located within 1 foot of a property line or street ROW within this development would "strengthen the architectural edge of the project and provide `urban' character for the development". Question 14 As related to Waiver request #11. Please provide a scale site plan showing the location and orientation of the proposed. 50 foot high (600 square feet) sign and a graphic representing the intended image to be presented on this billboard-sized sign. . Question 15 In looking at the proposed Buffer and Landscape Crraphic (insert between pg. 38-39 of the applicants package) it appears as though the entire site will be cleared of~existing vegetation, except for the small buffer strip along the edge of the Clearview Subdivision and a portion of the MTC buffer area along I40/85. ~; Please clarify whether or not this is the intent of the proposed design and whether or not the project would meet the intended land use intensity performance standards of the EDD Design Manual. Question 16 In Section 2. (Land Uses & Development Standards) of the applicant's submitted project package, the applicant states on page 16, "The following conversion factors allow the flexibility of converting retail space to hotel rooms, theater seats, or condominium units." (refering to the Table on page. l7 of the. application package). ' The applicant has included this table in the application package with the intent of having the ability to swap the intensity one use for another use after the development has been approved by the BOCC ... for transportation planning purposes. Whether this table is used to by the applicant to calculate the traffic impacts due to a change in the intensity of one approved use or not, it is still reflects an intended conversion i.n. the intensity of one use (i.e. retail vs condo vs theater) for another. According to Section 8.7 of the County zoning ordinance "b) Any change in use or enlargement of existing use shall constitute a modjfication."(of the SUP) and c) Any increase in intensity of use shall constitute a modification" (of the SUP). ~~~ Therefore, this table would imply a request for the ability to change the intensity of the proposed use(s) after the project `s special use permit has been approved, and without the need to apply for a modification of the SUP. This implication should be removed from the application, because any need to change a '~~ proposed use, or intensity of use, would constitute a modification of the SUP and would require Board approval at that time to do so. { , > Section 8.7 of the Zoning Ordinance states "The zoning officer is authorized to approve minor changes in the approved plans of Special Uses as long as they are in harmony with action of the approving Board; but shall not have the power to approve changes that constitute a modification of approval. A modification shall require approval of the Board having jurisdiction." ("Modification" criteria include, as example) from Section 8.7.1: "b) .Any change in use or enlargement of existing use shall constitute a modification."(of the SUP) c) Any increase in intensity of use shall constitute a modification" (of the SUP). d) Structural alterations which significantly affects the basic size, form, style, ornamentation, and or character of the building as shown on the approved site plan or described in the applicants narrative shall be considered a modification" ~, ' ~, ~_