HomeMy WebLinkAboutAgenda - 06-03-2008-5b4Attachment Four
Draft SUP findings
RECOMMENDED FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS
PERTAINING TO BUCKHORN VILLAGE
' CLASS A SPECIAL USE PERMIT APPLICATION: Buckhorn Road Associates LLC
Planned developments must comply with general and specific standards as set forth in Article 8 for Special Uses.
Article 8.2.1 b) requires written findings certifying compliance with the following:
1. That the use will maintain or promote the public health, safety, and general welfare, if located where
proposed and.developed, and operated according to the plan as submitted,
2. That 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 or enhance the value of contiguous property; and
3. That 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 complaint with the plan for 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.
Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into
various sections that include:
(a) Application components (Section 8.8 (a), (b), (c), (d), and (e);
(b) Regulations establishing specific standards for Planned Development -Special Use permit
applications (Article Seven (7), Section 7.21, Section 8.2.4, and Section 8.8.23); and
(c) Other requirements as set forth within the Economic Development Districts Design Manual.
Listed below are the findings of the Board of County Commissioners regarding the application in question. The findings have
been presented by Article and requirement to assist the Board in its deliberations.
ARTICLE 7 SECTION 7.2.2 PROPERTY OWNER MUST APPLY FOR PLANNED DEVELOPMENT DISTRICT
(`Yes' indicates complaint; `No' indicates non-compliance) .
ORDINANCE
REQUIREMENTS
7.2.2 Property owner must
apply for Planned
Development District
The property owner must
voluntarily apply for the
Planned Development
district.
STAFF
FINDINGS
RECOMMENDED
EVIDENCE SUBMITTED PLANNING
TO SUPPORT FINDINGS BOARD FINDINGS
The applicant has an option
on the property contingent
X Yes No on the approval of the PD-
SUP application.
The owner's of the property,
Orange County Investors
Partnership, have
authorized the applicant to
seek the rezoning and
approval of the proposed
Special Use Permit
Yes No
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ARTICLE 7 SECTION 7.2.3 ALLOWED .USES... MUST BE SHOWN ON PLAN (`Yes' indicates complaint ; `No'
indicates non-compliance).
RECOMMENDED
ORDINANCE STAFF EVIDENCE SUBMITTED PLANNING
REQUIREMENTS FINDINGS TO SUPPORT FINDINGS BOARD FINDINGS
7.2.3 Allowed Uses Must The applicant has provided
Be Shown On The Plan a list of uses that will be
allowed within ,.the project
If the petitioner elects to that is consistent with the
apply for a Planned EDD Manual Table of
Development District the Permitted Uses, specifically:
petition must specify the
actual use(s) intended for the 1. Residential Dwelling,
property specified in .the Multi-family, -Yes No
petition and the intended X Yes NO 2. Agricultural,
use(s) must be permitted in Forestry, and
the corresponding general
Fishing,
use district. In the petition for
a Planned Development 3. Manufacturing,
District, the County Assembly, and
Commissioners are to Processing,
approve, approve with
conditions or disapprove the
4. Transportation,
petition on the basis of .the Communications,
proposed site plan and the and Utilities,
specific proposed use. 5. Retail Trade,
Any change in the use shown 6. Finance, Insurance,
on the plan will be treated as and Real Estate,.
an amendment to the
7. Services
Planned bevelopment, as set ,
forth in Article 7.8. 8. Government
The specific, allowable, land
uses are detailed within the
Conditions of Approval for
this project.
ARTICLE 7 SECTION 7 2 5 SPECIAL USE REQUORED FOR EACH PLANNED DEVELOPMENT (`Yes'
indicates complaint ; `No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
PLANNING
BOARD FINDINGS
7.2.5 Special Use Required
for Each Planned
Development
All applications for a Planned
Development rezoning are
required to submit a CLASS
A SPECIAL USE PERMIT
application in accordance
with Article Eight (8) of the
Ordinance
X Yes No
The applicant has filed the
necessary application
requesting the issuance of a
CLASS A SPECIAL USE
PERMIT for this project.
Yes No
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ARTICLE 7 SECTION 7 41 RELATION TO MAJOR TRANSPORTATION FACILITIES (`Yes' indicates
complaint ; `No' indicates non-compliance)
- RECOMMENDED
ORDINANCE STAFF EVIDENCE SUBMITTED PLANNING
REQUIREMENTS . FINDINGS TO SUPPORT FINDINGS BOARD FINDINGS
7.4.1 Relation to Major
Transportation Facilities
PD districts shall be so
located with respect to
Interstate highways, arterial.
and collector streets or mass
transit facilities, and shall be
so designed as to provide
direct access to such districts
without creating traffic along
minor streets in residential
neighborhoods outside the
district
X .Yes No
The project is located along
Interstate 85 with access via
two (2) existing public
roads: Buckhorn and West
Ten Road that are intended
to provide direct access to
the property
Yes
No
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ARTICLE 7 SECTION 7.4.2 RELATION TO PUBLIC UTILITIES, FACILITIES, AND SERVICES (`Yes' indicates
complaint ; `No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
7.4.2 Relation to Public
Utilities, Facilities and
Services
STAFF
FINDINGS
PD districts shall be so
located in relation to sanitary
sewers, waterlines, storm
and surface drainage
systems and other utility
systems and installations that
neither extension nor
enlargement of such systems
will be required in manner,
form, character, location,
degree, scale or timing in a
manner resulting in higher
net public cost or earlier
incursion of public cost than
would development in forms
generally permitted .under
current zoning and
development policies for the
area.
X Yes No
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
PLANNING
BOARD FINDINGS
The applicant has indicated
that the project will be
served via existing public
water and sewer lines
maintained by the City of
Mebane.
The developer shall
complete any and all
required utility
improvements necessary to
support the project, both on
and off-site.
Yes No
The Efland Fire
Department, Rescue
service by the Orange
County Emergency
Management, and Police
protection by the Orange
County Sheriff's Department
will provide fire protection.
The City of Mebane shall
also provide public safety
services through a
Memorandum of
Understanding with the
County.
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ARTICLE 7 SECTION 7:4.3 PHYSICAL CHARACTER OF THE SITE; RELATION TO SURROUNDING
PROPERTY (`Yes' indicates complaint ; `No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
RECOMMENDED
PLANNING
BOARD FINDINGS
7.4.3 Physical Character
of the Site; Relation to
Surrounding Property
The site shall be suitable for
development in the manner
proposed without hazards to
persons or property, on or off
the tract, free from the
probability of flooding,
erosion, subsidence or
slipping of the soil or other
dangers. Condition of soil,
ground water level, drainage
and topography shall all be
appropriate to both the kind
and pattern of use intended.
TO SUPPORT FINDINGS
The property is intended to
be developed for economic
development purposes as
detailed within the
Comprehensive Plan and
Zoning Ordinance.
The property is virtually free
X Yes No of conditions that would
-- create flooding or erosion
control problems, either. on
or off-site, and the
application indicates that all
applicable local and State
standards shall be adhered
to in an effort to address
any and all similar issues.
Yes No
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ARTICLE 7 SECTION 7.5 PROCEDURES ON PD AMENDMENTS: (`Yes' indicates complaint ; `No' indicates
non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
RECOMMENDED
PLANNING ,.
BOARD FINDINGS
7.5.1
Applications:
Materials To Be Submitted
Applications for PD
amendments shall be
submitted as for other
amendments. Material
submitted with the application
or on subsequent request by
the Zoning Officer shall
include, in addition to the
basic material required by
subsection 20.3.2, all plans,
maps, studies and reports
which may reasonably be
required to make the
determinations called for in
the particular case, with
sufficient copies for
necessary referrals and
records.
Such applications shall
include a report identifying all
property owners within the
area of the proposed district
and giving evidence of unified
control of its entire area. The
report shall state agreement
of all present property owners
and/or their prospective
successors in title:
X Yes No
TO SUPPORT FINDINGS
The application includes the
following submittal
requirements as outlined
within Section 20.3.2 of the
Ordinance:
1.A fully dimensioned map
showing the land that
would be covered by the
proposed Zoning Atlas
amendment as well as a
legal description of the
land;
2.As required within sub-
section (d) the
application contains a
detailed narrative
outlining the rationale for
rezoning the property
from Economic
Development to Planned
Development Economic
Development,
3. As required within sub-
section (e) the
application contains a
detailed narrative
outlining how the
proposed rezoning is
consistent with the intent
and purpose of the
adopted Comprehensive
Plan,
4.A Traffic Impact Analysis
(TIA) was submitted as
required by Article
Thirteen (13) of the
Zoning Ordinance,
S.As required within sub-
section (g), the
application contains a
detailed narrative
outlining the various
circumstances, factors,
and standards
supporting the approval
of the application.
_ Yes
No
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ARTICLE 7 SECTION 7.5 PROCEDURES ON PD AMENDMENTS (CONTINUED) (`Yes' indicates complaint ;
`No' indicates non-compliance)
RECOMMENDED
ORDINANCE STAFF EVIDENCE SUBMITTED PLANNING
REQUIREMENTS FINDINGS TO SUPPORT FINDINGS BOARD FINDINGS
7,5,1 The applicant establishes
Applications: the necessary conditions
Materials To Be Submitted and regulations that will
-subsection (a) govern the development of
the project in perpetuity.
To proceed with the These various standards
proposed development and conditions are
according to the regulations referenced herein as part of
NO
Yes No
in effect when the map X Yes
the PD-SUP approval .
amendment creating the PD
district is passed, with such
modifications as are set by
the Board of County
Commissioners in the course
of such action; and
7.5.1
Applications: The applicant establishes
Materials To Be Submitted the necessary conditions,
-subsection (b) including th.e process for
conveying bonds,
To provide bonds, dedications, guarantees,
dedications, guarantees, and deed restrictions that
agreements, contracts, and will govern the development
deed restrictions acceptable of the project in perpetuity.
to the Board of County X Yes NO These various standards -Yes No
Commissioners for and conditions are
completion of such referenced herein as part of
development according to the PD-SUP approval
approved plans and for
continuing operation and
maintenance of such areas,
facilities and services as are
not to be provided, operated
or maintained at general
public expense; and such
dedications, contributions, or
guarantees as are required
for provision of needed public
facilities and services; and
7.5.1
Applications: Successors shall be bound
Materials To Be Submitted by the commitments
-subsection (c) X Yes No detailed within the recorded _ Yes No
SUP document as detailed
To bind future successors in herein
title to any commitments
made under (a) and (b)
above
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ARTICLE 7 SECTION 7 5 PROCEDURES ON PD AMENDMENTS (CONTINUED) (`Yes' indicates complaint ;
`No' indicates non-compliance)
RECOMMENDED
ORDINANCE STAFF EVIDENCE SUBMITTED PLANNING \_
'REQUIREMENTS FINDINGS TO SUPPORT FINDINGS BOARD FINDINGS
7,5,1 The applicant has provided
Applications: for the following within the
Materials To Be Submitted application packet:
1. The arrangement of
In addition to, or as part of, land uses, specifically
the report described above, within Chapter Two (2)
applicants shall submit a ~ Land Uses and
preliminary development No Development Strategies Yes No
concept plan and proposals X Yes of the application, _
in accord with (a) above
which shall show: 2. The location and function
of vehicular/pedestrian
1. The general arrangement circulation, specifically
of land uses within the within Chapter Three (3)
proposed districts. Transportation of the
2. The general location and application,
function of the vehicular 3. The provision of utilities,
and pedestrian specifically within
circulation system. Chapter Four (4)
The general solutions to
3 Utilities and Other
.
the provision of utilities. Public Services of the
application,
\
4. The general arrangement
The arrangement of
4 ~
of common facilities such .
common facilities and
as open space,
recreational installations, open space, specifically
improvements, etc. within Chapter Five (5)
~
of the
Open Space
5. A general description of application,
the method of financing
the installation and
5. A the method of financing
operation of the common the installation and
facilities. operation of the common
facilities, specifically
6. A schedule of within Chapter Six (6)
construction of all Ownership and
elements of the proposal. Management of .the
application, and
6. A schedule of
construction of all
elements of the proposal,
as detailed throughout the
application and the
various exhibits including
the Traffic Capacity
Assessment contained
within Appendix C of the
application.
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ARTICLE 7 SECTION 7 5 2 PRELIMINARY REVIEW OF APPLICATION AS SUBMITTED (`Yes' indicates
complaint ; `No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
RECOMMENDED
PLANNING
BOARD FINDINGS
7.5.2 Preliminary Review
of Application as
Submitted:
On receipt of .the application
and preliminary concept plan
and detailed proposals as
indicated previously, the
Zoning Officer shall cause a
study to be made by qualified
representatives of the County
and such other agencies or
officials ~ as appear
appropriate in the
circumstances of the case to
determine conformity with the
Comprehensive Plan, and to
zoning, and subdivision
regulations, soil erosion and
sedimentation regulations, as
well as the specific
regulations and standards
related to specific classes of
PD districts contained in this
article, applicable in the case.
TO SUPPORT FINDINGS
The Zoning Officer caused
an internal staff review of
the application to determine
compliance with all
applicable regulations that
could impact the project.
The Zoning Officer
X Yes No determined that there was
sufficient information to
allow for the formal
acceptance of the
application and allow the
project to move forward
through the review process.
Yes No
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ARTICLE 7 SECTION 7 5 3 PRELIMINARY CONFERENCE WITH APPLICANT (`Yes' indicates complaint ;
`No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
FANNING
BOARD FINDINGS
Section 7.5.3 Preliminary
Conferences with
Applicant
Following such study, unless
complete ,conformity is
found, the applicant shall be
notified in writing of
discrepancies, and of the
willingness of the Zoning
Officer to confer for the
purpose of assisting in
bringing the material
submitted, as nearly as
possible, into conformity with
requirements and/or to
define specifically the
modification(s) of regulations
or of the Comprehensive
Plan which seem justified in
view of equivalent service of
public purposes by the
proposal.
If the applicant joins in such
conferences, changes may
be made in the original
proposal, further
conferences may be held,
and additional material may
be requested to guide in
determinations.
In the course of such
preliminary conferences,
recommendations for
changes shall be recorded in
writing along with the
reasons therefore, and shall
become part of the record in
the case. Applicants shall
indicate, in writing, their
disagreement and the
reasons therefore. Such
response by applicants shall
also be included in the
record.
FINDINGS
The applicant was asked to
submit additional
documentation concerning
this project to clarify and
specific various aspects of
the project.
Yes No Staff received additional..
information on the following
dates:
1. January 4, 2008,
2. January 7, 2008,
3. January 18, 2008,
4. January 25, 2008,
and
5. February 4, 2008
The revised application
was deemed to be
complete for presentation
at the February 19, 2008
Quarterly Public Hearing
held by the BOCC and the
Planning Board.
Yes No
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ARTICLE 7 SECTION 7.5.4 ZONING OFFICER'S RECOMMENDATIONS (`Yes' indicates complaint.; `No'
indicates non-compliance)
ORDINANCE STAFF
REQUIREMENTS FINDINGS
At such time as further
conferences appear
unnecessary, or at any time
on request of the applicant,
the Zoning Officer shall
prepare a written report to
the Planning Board and
Board of County
Commissioners, containing
the following findings:
RECOMMENDED
EVIDENCE SUBMITTED PLANNING
TO SUPPORT FINDINGS BOARD FINDINGS
(a) As to the suitability of the The Zoning Officer issued a
proposals for the general recommendation indicating
type of PD category, the that the applicant had:
physical characteristics
of the land, and. relation i. That the project is
of the .proposed X Yes No suitable for
development to - development as a
surrounding areas and Planned Development,
existing and probable ii. That the physical
future development; characteristics of the
subject property allow
for the development of
such a project,
b) As to relation to major ~ The Zoning Officer issued a
roads and mass transit recommendation indicating
facilities, utilities and that the applicant had:
other facilities and
services; i. Is properly situated and
X Yes No located to be served by
existing major roads
and mass transit
facilities, and
ii. That there is, and will
be, the necessary utility
infrastructure available
to support the proposed
development.
c) As to the adequacy of The Zoning Officer issued a
evidence on unified recommendation indicating
control and the suitability that the applicant had
of any proposed demonstrated acceptable
agreements, contracts, methods of unified control
deed restrictions, to ensure the perpetual
sureties, dedications, X Yes No development and
contributions, - maintenance of the project
guarantees, or other as proposed.
instruments, or the need
for such instruments, or
for amendments in those
proposed;
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^Yes No
_Yes No
Yes No
11
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 regulations would
be met to at least an
equivalent degree by
such modifications.
Based on such findings, the
Zoning Officer shall
recommend approval of the
PD amendment proposed,
approval conditioned on
stipulated modifications or
disapproval, with recorded
reasons therefore.
X Yes No
The Zoning Officer issued a
recommendation indicating
that the fourteen (14)
proposed Design Solutions
were acceptable as detailed
within Staff's final
recommendation dated
May 6, 2008
X Yes No
X Yes No
The Zoning Officer issued a
recommendation indicating
that the fourteen (14)
proposed Design Solutions
were acceptable as detailed
within Staffs final
recommendation dated
May 6, 2008
The Zoning Officer
recommendeds that the
application be approved
subject to the imposition of
various conditions
governing the overall
development of the project,
as detailed herein.
Yes No
_Yes No
_Yes No
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ARTICLE 7 SECTION 7.21 PD-ED PLANNED DEVELOPMENT-ECONOMIC DEVELOPMENT DISTRICT (`Yes'
indicates complaint ; `No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
Section 7.21.1 PD-ED
District:
STAFF
RECOMMENDED
EVIDENCE SUBMITTED PLANNING
TO SUPPORT FINDINGS BOARD FINDINGS
PD-ED District(s) 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:
FINDINGS
Buckhorn Road Associates
LLC has submitted a
development 'proposal
requesting:
1. The rezoning of
property from
Economic
Development (ED) to
Buckhorn Village
Planned Development
- Economic
Development (BVPD-
ED)
The approval of a
Planned Development-
Class ASpecial Use
Permit Application
(hereafter `PD/SUP')
proposing the
development of a
unified commercial
center on the property.
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1. Meet the criteria for site Within the application,
plan approval listed on the applicant indicates
Article 14.3; that they are seeking .
2.Address agency to propose
modifications of
comments solicited existing regulations
during the site plan within Article 6.29 (ED
review process; and/or Design Manual) to
3.Adhere to the design allow for the
standards applicable development of the
within Economic ~ project.
Development Districts as The applicant is
set forth in Article 6.29 of seeking to revise
.this ordinance, fourteen (14) design
and which .pose a design standards to allow for
solution which is equal to or the PD/SUP to be
better than could be obtained approved by the Board
through the application of the of County
criteria and standards Commissioners.
contained in 'the Design
Manual.
X Yes No The submitted Yes No
In such cases, application for application includes a -
and approval of a Planned detailed description of
Development District shall be the overall purpose and
governed by the general and intent of the
specific standards and development while
procedures for the issuance indicating that the
of a Planned Development applicant is proposing
Permit as set forth in this fourteen (14) design
Article. solutions to address
specific development
The Ordinance requires issues associated with
that the applicant submit a this project and that the
detailed application application complies
establishing the overall with all applicable
purpose and intent of the submittal requirements
district while outlining the outlined within Articles
various standards, or Seven (7) and Eight (8) of
proposed design the Zoning Ordinance.
solutions, that will be
adhered to.
C
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ARTICLE 8 SECTION 8.2.4 ("Yes" indicates compliance; "No" indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
RECOMMENDED
EVIDENCE SUBMITTED PLANNING
TO SUPPORT FINDINGS BOARD FINDINGS
Article 8.2.4 requires the
applicant to address the
following:
FINDINGS
a) Method and adequacy of The applicant has indicated
provision for sewage X Yes No that the project will be X Yes No
disposal facilities, solid served via existing public
waste and water service. water and sewer lines
maintained by the City of
Mebane. Any and all.
required utility
improvements necessary to
support the project, both on
and off-site, shall be
completed by the
developer.
b) Method and adequacy of Fire protection will be
police, fire and rescue X Yes No provided by the Efland Fire
squad protection. Department, rescue service X Yes No
by the Orange County
Emergency Management,
and police protection by the
Orange County Sheriff
The City of Mebane shall
also provide public safety
services through a
Memorandum of
Understanding with the
County.
c) Method and adequacy of The property will have direct
vehicle access to the site X Yes No access onto West Ten and X Yes No
and traffic conditions Buckhorn Roads.
around the site.
A traffic impact analysis
(TIA) has been submitted
and reviewed in accordance
with the provisions of Article
Thirteen (13) of the Zoning
Ordinance.
Any and all necessary
external and internal
roadway improvements
shall be installed prior to the
commencement of non-
residential land use
operations within the project
as detailed within the TIA
and required by NC DOT.
d) Other use specific
standards as set forth in X Yes No As detailed herein X Ye No
Section 8.8 s
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ARTICLE 8 SECTION 8.4.1 PRE-APPLICATION CONFERENCE ("Yes" indicates compliance; "No" indicates
non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
PLANNING `--
BOARD FINDINGS
Section 8.4.1 Pre-
application conference:
That prior to the application
being received as prescribed
in Section -8.4.2 the applicant
must request a pre-
application meeting with the
Orange County Planning
Department. A sketch plan
illustrating the location, size,
and major design elements
of the development site must
be submitted five (5) working
days prior to the pre-
application meeting.
FINDINGS
Yes No
The applicant and staff
meet on the following
occasions to review the
proposed project:
1. November 8, 2007
2. November 15,
2007
3. December 6, 2007
4. December 13,
2007
_Yes No
To discuss the project and
review various sketch plans
proposing the project.
ARTICLE 8 SECTION 8.4 2 APPLICATION SUBMITTED TO ZONING OFFICER ("Yes" indicates compliance;
"No" indicates non-compliance)
ORDINANCE STAFF EVIDENCE SUBMITTED
REQUIREMENTS FINDINGS TO SUPPORT FINDINGS
Section 8.4.2 Application
Submitted to Zoning The applicant submitted the
.Officer application of December
21, 2007.
Application for approval of
Special Uses shall be filed On January 7, 2008 the
with the Zoning Officer who Planning Director issued a
shall, before accepting any _Yes No memorandum indicating
application, ensure that it that the application had
contains all required been reviewed and
information as specified determined to be complete
elsewhere in this Article. in accordance with the
provisions of Articles Seven
Applications which .are not (7) and Eight (8) of the
complete, or otherwise do ~ Ordinance.
not comply with the
provisions of the Article, shall
not be accepted by the
Zoning Officer but shall be
returned forthwith to the
application with a notation by
the Zoning Officer of the
deficiencies in the application
RECOMMENDED
PLANNING
BOARD FINDINGS
_Yes No
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ARTICLE 8.4.3 ZONING OFFICER PREPARES ANALYSIS AND RECOMMENDATION ("Yes" indicates
compliance; "No" indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
PLANNING
BOARD FINDINGS
Section 8.4.3 Zoning The Zoning Ofi•icer solicited
Officer Prepares Analysis a review of the project by
and Recommendation: various County
departments, State
The Zoning Officer shall agencies, and local
cause an analysis to be planning ,partners (i.e. the
made of the application by City of Mebane) concerning
qualified representatives of X Yes No this project on January 30, _Yes No
the County and such other 2008.
agencies or officials as
appear appropriate in the Staff received comments
Comprehensive Plan, from various entities
zoning, subdivision, soil throughout the month of
erosion and sedimentation, February of 2008.
and health regulations, and,
based upon that analysis, On February 15, 2008 and
prepare a recommendation April 20, 2008 the Zoning
for consideration by, in the Officer prepared an
case of Class A Special analysis of the application
Uses, the Planning Board and made several
and Board of County recommendations
Commissioners and, in the ~ concerning the potential
case of Class B Special approval of this project.
Uses, the Board of This memorandum
Adjustment. identified the need for
additional information to be
submitted in order for a final
recommendation to be
made.
On May 6, 2007, a final
analysis was prepared by
the Zoning.: Officer
recommending approval of
the project finding. that the
applicant had adhered to
the various requirements
outlined within Articles
Seven (7) and Eight (8)
S:\BOCC\2008 BOCC Agendas\06-03-OB\Buckhorn VillageWttachment 4.doc 17
ARTICLE 8.4.5 PUBLIC HEARING REQUIRED, NOTICE SPECIFIED ("Yes" indicates compliance; "No"
indicates non-compliance).
RECOMMENDED
ORDINANCE STAFF EVIDENCE SUBMITTED PLANNING
'REQUIREMENTS FINDINGS TO SUPPORT FINDINGS BOARD FINDINGS
Section .8.4.5 Public
Hearing, Notice Specified The Zoning Officer caused
the following to occur to
Prior to consideration of the announce the date, time,
application for approval of a and place of the PUBLIC
Special Use, a PUBLIC HEARING:
HEARING shall be held by
the Board of County 1. On February 8, 2008
Commissioners. the Zoning Officer
posted the property
The Zoning Officer shall .give identified within the
public notice of the date, time application with
and place of the public official signs
hearing to be held to receive announcing that the
comments, testimony and properly was the
exhibits pertaining to the subject of a proposed
application for approval of a rezoning and Special
Special Use. Use Permit
application and
Such notice shall be X No informing the general Yes . No
published in a newspaper of Yes public that a PUBLIC
general circulation in Orange HEARING would be
County once a week for two held on February 25,
successive weeks, with the 2008 to solicit
first notice to be published comments on the
not less than ten (10) days project by the BOCC
nor more than twenty-five and the Planning
(25) days prior to the date of Board,
the hearing. In computing 2. On February 8, 2008
the notice period, the day of the Zoning Officer
publication is not . to be mailed, through
included, but the day of the Certified Mail, to all
hearing is to be included. adjacent property
owners notice of the
The Zoning Office shall post date, time, and place
on the applicant's affected of the PUBLIC
property a notice of the HEARING for the
public hearing at least ten project, and
days prior to the date of said
hearing. 3. The Zoning Officer
caused a legal
Written notice shall be sent advertisement to run
by certified mail to all on February 13, 2008
adjacent properly owners not and February 20,
less than fifteen days before 2008 within the News
the hearing date. Adjacent of Orange and the
property owners are those ~ Chapel Hill Herald
whose property lies within advertising the date,
five hundred feet of the time, and location of
affected property and whose the PUBLIC
names and addresses are HEARING for this
currently listed in the Orange project `-
County tax records.
S:\B000\2008 BOCC Agendas\06-03-08\Buckhorn Village\Attachment 4.doc 18
ARTICLE 8.8 -APPLICATION COMPONENTS ("Yes" indicates compliance; "No" indicates non-compliance)
ORDINANCE
REQUIREMENTS
8.8 a) -Twenty-six (26)
copies of the site plan
prepared by a registered
N.C. land surveyor, architect,
or engineer.
STAFF
FINDINGS
X Yes No
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
Twenty-six (26) copies of
the application and site plan
were submitted. The
documents were prepared
by Summit Consulting, a
registered
engineering/survey firm
within the State of North
Carolina and Mr. Scott
Murray of Scott T. Murray
Incorporated, a certified
landscape architect
RECOMMENDED
PLANNING
BOARD FINDINGS
_Yes No
8.8 b) -Elevations of all Architectural renderings
proposed structures to be were provided outlining the Yes No
used in the development. proposed height,
X Yes No construction materials, and
elevations of the proposed
structures.
8.8 c) -For Class A Special A Phase One
Uses twenty-six (26) copies Environmental Site
of the Environmental Assessment, completed by
Assessment and/or GEL Engineering of North _Yes No
Environmental Impact Carolina, was submitted as
Statement, if required by the. part of the application.
Orange County
Environmental Impact X Yes No The study was been
Ordinance. _ - forwarded and reviewed by
State Agencies.
Staff has determined that
an Environmental Impact
Statement is not required
for this project as outlined
within the County's
Environmental Impact
Ordinance
8.8 d) -A fee, as set by the ~ The application fee has
Board of County been paid. Yes No
Commissioners.
X Yes No
S:\BOCC\2006 BOCC Agendas\06-03-OS\Buckhorn Village\Attachment 4.doc 1 g
8.8 e) -Method of disposal of
trees, limbs, sttamps and
construction debris
associated with the permitted
activity, which shall be by
some method other than
open burning.
According to the
application, and based on
statements made by the
_X Yes No applicant` during the
PUBLIC HEARING, trees,
limbs, stumps and
construction debris created
from land clearing activities
will be chipped and utilized
for mulch throughout the
site and/or disposed of at
an appropriate, legal, land
fill site.
_Yes N
o ~~
ARTICLE 8 8 23 -PLANNED DEVELOPMENTS (CLASS A SPECIAL USE) SPECIFIC STANDARDS ("Yes"
indicates compliance; "No" indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
RECOMMENDED
PLANNING BOARD
FINDINGS
In addition to the information
required in 8.2, and 8.8, the
following information shall be
submitted as part of the
application:
8.8.23.1 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.
8.8.23.2 Standards
of Evaluation
The standards of evaluation
shall be as per applicable
sections of Article 7.
The application contains all
required information as
outlined within Article Seven
(7) of the Zoning Ordinance
X Yes No as detailed herein
The application contains all
required information as
outlined within Article Seven
X Yes No (7) of the Zoning Ordinance
- as detailed herein for
evaluating the
appropriateness of the
project
_Yes No
Yes No
S:\BOCC\2008 BOCC Agendas\06-03-08\Buckhorn Village\Attachment 4.doc 2 Q
ARTICLE 8.2.1 & 8.2.2 -APPLICATION COMPONENTS (GENERAL CONDITIONS)
("Will" indicates compliance; "Will Not" indicates non-compliance)
ORDINANCE
REQUIREMENTS
STAFF
RECOMMENDED
EVIDENCE SUBMITTED PLANNING BOARD
TO SUPPORT FINDINGS FINDINGS
In accordance with Article
8.2.1 and 8.2.2 of the Zoning
Ordinance, the Board of
Commissioners shall also
consider the following
general conditions before the
application for a Special Use
can be approved:
Article 8.2.1 & 8.2.2
1. The use will maintain or
promote the public health,
safety and general welfare, if
located vvhere proposed and
developed and operated
according to the plan as
submitted.
Article 8.2.1
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 or enhance the
value of contiguous
property).
Article 8.2.1
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 for
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.
FINDINGS
x -Will
X_Will Will As detailed herein Will Not
_ Not
Appraisal report submitted Will -Will
_X Will -Will by Applicant's expert - Mr. Not
Not Vic Knight and an economic
analysis contracted for by
the County °
X -Will Not Be x Will Be _ Will
Will be As detailed herein Not Be
*** CONDITIONS OF APPROVAL -Please review staff's suggested conditions of approval (ATTACHMENT
THREE-A)
S:\BOCC\2008 BOCC Agendas\06-03-08\Buckhorn VillageWttachment 4.doc 21
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