HomeMy WebLinkAboutAgenda - 06-03-2008-5b3a~~ ATTACHMENT ~TI3REE-A:
APPROVAL:
PART ONE - OVERVIEW:
SECTION 1-1 INTRODUCTION:
STAFF RECOMMIENDED CONDITIONS OF
This Planned Development rezoning plan, entitled `Buckhorn Village Planned
Development' (hereafter `BVPD'), is a rezoning and development plan submitted to the
Orange County Board of County Commissioners (hereafter `BOCC) in accordance with
the provisions of Article Seven (7) Planned Developments and Article Eight (8) Special
Use Permits of the Orange County Zoning Ordinance.
This document contains the various additional standards and guidelines that shall be
utilized by the County to evaluate various development projects submitted proposing the
development of various land uses associated with the subject property.
In order for development to occur within the BVPD, an applicant shall be required to
demonstrate compliance with:
a. Section 6.29.3 Economic Development Districts Design Manual of the Orange
County Zoning Ordinance,
b. The Approved Master Plan, and
c. The various standards contained herein
In cases where there is a conflict, or there is a lack of a standard within the application,
the Special Use Permit (hereafter `SUP) conditions shall take precedent.
SECTION 1-2 PROJECT SIZE AND LOCATION:
The BVPD project is located within the CHEEKS Township of Orange County, North
Carolina and is situated primarily on some one hundred thirty (130) acres of property
located within the I-85 Interstate Buckhorn Road Economic Development District, south
of I-85 and north of West Ten Road, specifically:
1. A one hundred ten (110) acre tract of land identified as 508 Buckhorn Road
(TMBL 3.28..20 / P1N 9834-5615$7),
2. A seventeen (17) ,acre tract of land also identified as 508 Buckhorn Road
(TMBL 3.28..20C /PIN 9834-47-5147),
3. A one (1) acre parcel of property that is located west of the two (2) previously
identified properties, listed as 527 Buckhorn Road (TMBL 3.28..13 /PIN
9834-36-4223), and
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4. A two (2) acre parcel of property along West Ten Road, adjacent to the
previously identified one hundred ten (110) acre tract of land (TMBL
3.28..57C /PIN 9834-54-1735)
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( ~, EXHIBIT ONE -Location Map
PART TWO -LAND USE PROGRAM AND DEVELOPMENT STANI9ARDS:
SECTION 2-1 PERMITTED LAND USES
Land uses within the various districts (District I, District II, and District IIT) shall be
limited to those described in the Approved Master Plan and as detailed herein.
In cases where a particular land use is not listed within, or deemed to be consistent with,
either the Approved Master Plan or as detailed within this document, the use shall be
deemed by the County to be prohibited. Physical building development, design, and
architectural standards governing the development of all land uses within each identified
district are outlined under the Architectural Design section of this document.
SECTION 2-2 DEVELOPMENT AREA DISTRICTS
There are three (3) separate development districts associated with the BVPD project as
detailed within the following exhibit: .
Left Intentionally Blank
l~
EXHIBIT TWO -Development Districts 4
SECTION 2-3 PERMITTED USES
The various approved land uses acceptable .for development within each individual
district, per Section 6.29.3 Economic Development Districts Design Manual -Part Two
Performance Standards -Section 2.2 Permitted Uses and the Approved Master Plan, are
as follows:
1. Residential Dwelling, Multi-family limited to apartments or condominiums
within a free standing building or developed over additional land uses,
2. Agricultural, Forestry and Fishing: Veterinarian services excluding
boarding facilities
3. Manufacturing, Assembly, and Processing:
a. Bakery,
b. Miscellaneous food preparation (i.e: coffee roasting, confectionary
products, etc),
c. Watches and clock,
d. Jewelry and silverware,
e. Musicallnstruments,
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, switching stations, and
telephone exchanges,
d. Water and sanitary sewer pumping stations
5. Retail Trade:
a. Restaurants (carry-out and general) when located within a stand alone
building, court or plaza, or an single building with multiple tenants,
b. Retail Trade, sales and rental. of durable and convenience goods,
merchandise, ad equipment when located within a stand alone
building, court or plaza, or an single building with multiple tenants.
6. Finance, Insurance, and Real Estate:
a. Banks, savings and loans, and credit unions,
b. Security and commodity brokers and investment offices,
. c. Insurance carriers and agents,
d. Real estate agents and. brokers,
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e. ATM cash machines either stand along or as part of a financial
institution as approved herein,
7. Services:
a. Automotive Service (i.e. gas station)
b. Conference andlor meeting facilities,
c. Daycare facilities,
d. Hotels and Motels,
e. Schools dance, art, music,
f. Beauty and barber, shops,
g. Indoor theaters, ,
h. Indoor entertainment (i.e. arcade, sport activity, etc),
i. Health and Fitness Clubs,
j. Health services including doctors and dentist offices without medical
or dental laboratories,
k. Laundry, dry cleaning, and shoe repair services,
1. Libraries,
m. Art/photographic studios,
n. Publishing and printing,
o. Recreational facilities,
p. Other offices and personal services including:
i. Attorney,
ii. Watch and jeweky repair,
iii. Computer programming and data processing,
iv. Employment and Travel agencies,
v. Accounting,
vi. Engineering,
vii. Architectural,
viii. Surveying without outdoor storage of equipment
8. Government:
a. Protective services including:
i. Police,
ii. Fire,
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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
e. Parking decks (staff/J. Parker suggested addition April 29, 2008)
SECTION 2-2-1 DEVELOPMENT AREAS -DISTRICT I:
District I is located within the northeastern portion of the property and is intended to support the
development of large destination retail uses.
The breakdown of development permitted within this district is as follows:
1. " ~^^,,;,,.,,,,,., ^~As appro~iate (J Parker April 29, 2008) two (2) free-standing buildings
supporting separate, independent, Retail Trade operations, as outlined herein, totaling no
( more than one hundred sixty thousand (160,000) square feet floor of building
footprint.
2. s appropriate J Parl~er April 29, 2008) two (2) free-standing buildings
supporting multiple land uses including those uses previously identified within the
following categories:
a. Agricultural, Forestry and Fishing
b. Manufacturing, Assembly, and Processing
c. Retail Trade, and
d. Services excluding Motels and Hotels,
These two (2) multi-tenant buildings shall be limited to a total of twenty-five thousand
(25,000) square feet floor of building footprint.
Development of any and all Land Uses within District I shall be limited to a total of one
hundred eighty five thousand (185,000) square feet of building footprint including any and all
accessory structures deemed by the County as necessary to support the proposed operation not to
include those uses listed within the:
1. Transportation, Communications, and Utilities and
2. Other Uses
categories that are deemed necessary to support, or provide ancillary amenities to, the
development of the District.
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SECTION 2-2-2 DEVELOPMENT AREAS -DISTRICT II:
District II is located within the northwestern portion of the property, along Buckhorn Road, and
is untended to support amixed-use development scheme indicative of a downtown `main street'
fagade. The intent of this district is to cluster development in order to feature a traditional main
street promenade. Within District II; there shall at least one (1) acre of open space/commons
area.
The breakdown of development permitted within this district shall be as follows:
1. ^ ~~^ ,., ^~As appropriate (J Parker April 29, 2008)_ Thirteen (13) free-standing
buildings, or buildings connected through a court yard or plaza, supporting multiple land
uses on single or multiple floors, including those uses previously identified within the
following categories:
a. Residential Dwelling, Multi-family limited to apartment or condominium units
located over other permitted uses in multi-tenant buildings,
b. Manufacturing, Assembly, and Processing,
c. Retail Trade,
d. .Finance, Insurance, and Real Estate and
e. Services excluding Hotels and Motels.
Total cumulative building footprint for these structures shall be limited to three hundred
thousand (300,000) square feet.
Residential Dwelling, Multi-family uses shall be limited to a total of two hundred
(200) units within District II with a minimum requirement of fift~~Z°°°^~^'~_ ~'~•~° r~~
(J Parker April 29, 2008) units to be developed within District II.
2. ^ ,.,,°°"~.,,,n, ^fAs appropriate (J Parl~erApril 29, 2008) Five (5) free-standing buildings
supporting multiple land uses, on single floors, including those uses previously identified
within the following categories:
a. Manufacturing, Assembly; and Processing,
b. Retail Trade,
c. Finance, Insurance, and Real Estate, and
d. Services excluding Hotels and Motels,
Total cumulative building footprint for these structures shall be limited to eighty
thousand (80,000) square feet.
3 ^ m ,,.,,,,~., °~ As appropriate (J Parker April 29, 200$) Five (5) free-standing
buildings supporting separate, independent, land uses including those uses .previously
identified within the following categories:
a. Manufacturing, Assembly, an Processing,
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b. Retail Trade,
c. Finance, Insurance, and Real Estate and
d. Services excluding Hotels and Motels.
Total cumulative building footprint for these uses shall be limited to seventy-five
thousand (75,000) square feet.
4. As appropriate (J Parker April 29, 2008) ^ ,~, ~~~ Three (3) free-standing,
separate buildings supporting Services, Hotels and Motels land uses including any and
all ancillary accessory uses including: restaurants and meeting facilities.
Total .cumulative building footprint for these uses shall be limited to sixty-#~e five
thousand (6-5;80060 000 square feet.
5. As appropriate ~J Parker Apri129, 2008) " ~~^v;,,.,,,"., ^~ One (1) free-standing building
supporting a Service, Automotive Convenience Store land use (i.e. gas station with
convenience store) including an accessory Restaurant use without drive-thru facilities
limited to a total of seven thousand (7,000) (J Parker April_ 29,
2008 square feet of floor area.
Development of any and all land uses within District II is limited to a cumulative total of five
hundred twenty-two thousand (522,000) square feet of gross building footprint including any
and all accessory structures deemed by the County as necessary to support the proposed
operation not to include those uses listed within the:
,1. Transportation, Communications, and Utilities and
2. Other Uses
categories that are deemed necessary to support, or provide ancillary amenities to, the
development of the District.
SECTION 2-2-3 DEVELOPMENT AREAS -DISTRICT III:
District III is located within the southwestern portion of the property, along West Ten Road, and
is intended to support a regional commercial developments as well as mixed-use development in
an effort to expand on the main street theme established within District II.
The breakdown of development permitted within this district shall be as follows:
1. As appropriate (J Parlcer April 29, 2008) ^ ~N . „~ ^~~ Twelve (12) free-standing
buildings supporting multiple land uses including those uses previously identified within
the following categories:
a. Manufacturing, Assembly, an Processing,
b. Retail Trade,
c. Finance, Insurance, and Real Estate, and
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d. Services excluding Hotels and Motels,
Total cumulative building footprint shall be limited to one hundred fifty thousand
(150,000) square feet.
2. As ~propriate J Parker April 29, 2008) ^ ,.r m ~~ Eleven (11) free-standing
buildings supporting single, independent, land uses including those uses previously
identified within the following categories:
a. Manufacturing, Assembly, an Processing,
b. Retail Trade,
c. Finance, Insurance, and Real Estate, and
d. Services excluding Hotels and Motels,
Total cumulative building footprint shall be limited to three hundred fifty thousand
(350,000) square feet.
. ti-
~3~0}-~~~:~
3 As appropriate four (4) free-standing buildings or buildings connected through a court
yard or plaza supporting mult~le land uses on sulg-le or multiple floors including those
uses ~areviously identified within the following cafe og ries_
e Residential Dwelling, Multi-family limited to apartment or condominium units
located over other permitted uses ilz multi-tenant buildings
f. Manufacturing, Assembly, and Processing,
~. Retail Trade,
h. Finance, Insurance, and Real Estate and
i. Services excluding Hotels and Motels.
Total cumulative building footprint for these structures shall be limited to one hundred
thousand (100,000) square feet.
Residential Dwelling, Multi-family uses shall be limited to development on the second
or third floors of the proposed buildings with a cumulative housing limit for the entire
development of two hundred (200) units.
4:(J Parker April 29, 2008)
4. As anUropl~ate ^ ~~ .;"-,,,,,._ ^~ One (1) free-standing building supporting a Service
Automotive Convenience Store land use (i.e. has station with convenience store)
including an accessory RestaL~rant use without drive-tlu-u facilities limited. to a total of
six thousand (6,000) square feet of floor area. (J Parker April 29,
2008
Development of any and all Land Uses within District III shall be limited to a total of six
hundred and six thousand (606,000) square feet of gross building footprint including any and
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all accessory structures deemed by the County as necessary to support the proposed operation
not to include those uses listed within the:
1. Transportation, Communications, and Utilities,
2. Government Uses, and
3. Other Uses
categories that are deemed necessary to .support, or provide ancillary ameivties to, the
development of the District.
SECTION 2-2-4 DEVELOPMENT STANDARDS -SPECIFIC REQUIREMENTS FOR
RESIDENTLAL DEVELOPMENT:
The following additional standards shall apply for residential development within the BVPD
project:
1. There shall be a minimum of thirty percent (30%) of the housing units designated as
being `affordable housing units',
2. Through Deed restrictions and this document, the cost for renting/purchasing/leasing
these units shall be based on thirty percent (30%) of the medium family income for
Orange County as detailed within the 2000 Census report,
SECTION 2-2-5 DEVELOPMENT STANDARDS - CONVERSION TABLE:
The total developed site will contain a maximum 1.144 million square feet of building footprint.
Within the entire development there will be a maximum of three (3) hotels, two (2)
service/convenience stations and two (2) theater/entertainment centers.
The following conversion factors allow the flexibility of converting retail space to hotel rooms,
theater seats, or condominium units. These factors will be used as site plans are developed to
maintain the integrity of the traffic impact analysis. The net result in using these conversion
factors will be to hold constant the anticipated traffic generation to and from the site.
USE RETAIL EQUIVALENT CONVERSION FACTOR
(30,000 s ware feet of retail)
•0067 units /square foot of
Residential, Multi-family Two hundred (200) units retail
'Three hundred eighty-five .0128 units /square foot of
Indoor Theater (385 seats retail
.0053 units /square foot of
Hotel 160 rooms retail
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Using the table above, you can determine that for every one (1) additional condo unit that is
constructed, in addition to what was estimated in the traffic impact analysis, approximately one
hundred fifty (150) square feet of constructible retail area.must be subtracted from the proposed
1.144 million square feet of building footprint cumulative total to maintain the same trip
generations projected within the TIA.
Similarly, for Theatres and Hotels, the constructible retail must be reduced by seventy-eight (78)
square feet and one hundred eighty-nine (189) square feet respectively.
Development of all permanent structures and support facilities, including parking facilities,
constructed within each established District shall be in accordance with the
Design/Architectural Criteria as contained herein.
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PART 2-3 - FERFORM[ANCE STAND.AItDS:
SECTION 2-3-1 LAND USE INTENSITY:
Land use intensity for the BVPD shall be regulated in accordance with the following:
1. BVPD shall maintain a maximum limit of seventy percent (70%) of impervious surface
for the entire project, approximately ninety (90) acres of cumulative impervious stu•face
area shall be allowed for the entire project (J Parker April 29, 2008),
2. BVPD shall maintain a nu~zninimtun ~ Parker April 29, 2008) percentage of
open landscaped space of thirty percent (30%) for the entire project, approximately forty
(40) acres,
3. BVPD shall.maintain a Maximum Floor Area Ratio of .30 for all buildings constructed
.within the project, meaning that open space must be appropriately site planned to
maintain required ratio even though the site specific core site plan, less adjacent or
disconnected open space, may exceed seventy percent (70%) impervious surface area,
4. BVPD shall maintain a Maximum Building Height of six (6) stories for all buildings
constructed within the project,
5. The allowable impervious surface area, and required open/landscaped space, shall be
distributed among the three (3) development districts, meaning that for the entire project
there can only be approximately ninety (90) acres of impervious surface area and there
has to be, at a minimum forty (40) acres of open/landscaped space,
6. Each site plan submitted proposing the development of an individual district, or a single
building within a district, shall supply documentation outlining the cumulative total of
impervious surface and open/landscape area for the district as well for the BVPD project
as a whole in order to verify acceptable levels of developmental intensity,
7. Each site plan submitted proposing the development of an individual district, or a single
building within a district, shall supply documentation outlining the projects compliance
with the Floor Area Ratio standards as contained herein. This documentation shall
include an evaluation of the existing Floor Area Ratio for the individual district where
the project is located as well for the BVPD project as a whole,
.~J Parker April 29,
2008
SECTI®N 2-3-2 ENVIRONMENTAL FACTORS:
Environmental factors for the BVPD shall be regulated in accordance with the following:
1. NOISE:
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a. Noise generated by construction activities shall be regulated in accordance with
the provisions of the Orange County Noise Ordinance, including adherence to
establish standards for the commencement, and cessation, of construction
activities,
b. Maximum permitted sound/noise levels for all land uses shall be regulated in
accordance with. the provisions of the Orange County Noise Ordinance,
2. VIBRATION. No permitted or accessory use within BVPD may generate transmitted
vibration that is perceptible to the human sense of touch, .measured at the property
boundary of the use generating the vibration, in accordance with the following standards:
Receiving Land Use Category ' Maximum Particle Velocity for
(external) Generating Land Use Category
(Inches/Second)
'Residential development of all types 0.02
Non-residential development of all types 0.10
a. Vibration levels, as established above, are stated in terms of particle velocity that
may be measured directly with suitable instrumentation or computed on the basis
of the displacement frequency utilizing the following formula:
i. PV=6.28xFxD where
1. `PV' stands for Particle Velocity (inches/second)
2. `F' stands for Vibration Frequency (cycles per second)
3. `D' stands for Single Amplitude Displacement of the Vibration
(inches)
b. Vibrations resulting from construction and/or other temporary activities that occur
between the hours of 7:00 a.m. and 7:00 p.m. are exempt from these standards
3. AIR POLLUTION. BVPD shall comply with any and all applicable air quality
standards established by the State Environmental Management Commission and with any
and all Air Quality permits issued for the project,
4. ELECTROMAGNETIC INTERFERENCE. BVPD shall comply with any and all
applicable standards established by the State as well as the Federal Communications
Commission (FCC) concerning electromagnetic interference,
5. HAZARDOUS MATERIALS. Individual tenants shall be required to demonstrate
compliance, with any and all applicable Federal, State, and local regulations governing the
storage, use, and disposal of hazardous materials,
6. SOLID WASTE. The following standards shall be observed with respect to the
management of solid waste:
a. The developer shall enter into a Memorandum of Agreement with the County
and the City of Mebane outlining the proper disposal methodology for solid waste
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management. This agreement will outline the necessary interim and long-term
solid waste needs of the development and identify the various agencies that will
be responsible for monitoring and enforcing acceptable waste management
practices,
b. The developer shall demonstrate compliance with the Orange County Regulated
Recyclable Materials Ordinance (]ZRMO) regardless of permitting jurisdiction
(Chapter 34 Article III of the Orange County Code of Ordinances),
c. The applicant shall develop a Solid Waste Management Plan for each portion of
the project for review and approval by Orange County Solid Waste (regardless of
permitting jurisdiction) for the life of the project.
Specifically, this plan shall address how land clearing, demolition, and
construction wastes will be disposed of and that recyclables and waste generation
rates be considered in plamvilg for waste collection services regardless of waste
or recycling provider,
d. Prior to the commencement of earth disturbing activities on the property, the
developer shall hold a deconstruction assessment meeting with Orange County
staff concerning the removal of existing buildings from the property.
e. All site plans shall contain a note indicating the following:: "Prior to any
demolition or construction activity on the site the applicant will hold a
deconstruction assessment conference with 'the County's Solid Waste staff
concerning buildings to be removed from this site."
f. The applicant shall provide both internal and external space for collection of solid
.waste and recyclable materials. Materials collected shall be at least equivalent to
the services provided by Orange County Solid Waste.
g. Waste collection areas shall be located in such a manner as to provide convenient
access for users of the facility. and safe passage for service vehicles.
h. The developer shall be required to place the following additional notes on any
approved site plan:
`Any gate design will include gate retainers.'
ii. `The user will be responsible for opening gates to the dumpster area on
collection days of any material(s) to be collected from this location.'
iii. `If any vehicles are parked in the refuse or recyclables collection
vehicle access area, the containers will not receive service until the
next scheduled collection day.'
iv. `Orange County will not be responsible for any pavement damage that
may result from service vehicles.'
v. `By Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard, all present in construction waste, must be
recycled. `
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vi. `By Orange County Ordinance, all haulers of construction waste must
be properly licensed.' And
vii. `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'
i. In cases where waste collection areas are located across property lines or district
lines for shared areas, the developer shall prepare and record a joint access
agreement (and a shared dumpster agreement) to assure that (both parties may
use) the proposed trash/recycling area and that it can be serviced across property
lines.
j. The developer shall reserve space within all solid waste collection areas for
segregated grease rendering/recycling collection facilities and shall provide space
for segregated food waste collection near the delivery entrance for any building
that houses, proposes to include, or may at .some future date incorporate a
.restaurant, cafeteria, bar, or other food service facility at any time.
k. The developer shall ensure that all phases of the development shall comply with
House .Bill 1518 (ABC Recycling) (NCGS 18B) for all portions of the
development, which contain or may contain establishments requiring an ABC
License.
1. A note shall be required on all site plans reading as follows: `The burning or
burial of construction debris, trees; limbs, stumps, is prohibited.' ~
m. All solid waste containers, dumpsters, recycling bins etc. shall be located within
an enclosure, buffered in accordance with the standards contained herein, and
meeting the following criteria:
i. Loading areas shall only face side or rear property-lines;
ii. Solid waste enclosures shall be so located. as to not impact internal
traffic flow,
iii. Loading zoned shall not be located within areas designated as housing
for solid waste facilities..
7. EROSION CONTROL. The following standards shall be observed with respect to
grading and erosion control activities:
a. The developer shall cause a formal Erosion Control plan (ECP) to be prepared
and submitted for review and approval by the County Erosion Control
Department prior to the commencement of any earth disturbing activities,
b. State of the art shimmer basins designed to meet or exceed the requirements in the
North Carolina Erosion and Sediment Control Planning and Design Manual (July
2006) must be utilized to control sedimentation during construction.
i. Floating skimmers, such as Faircloth skimmers or equivalent, must be
utilized in each basin. (,
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ii. Skimmers must dewater from the surface within 24 to 72 hours, and the
orifice size of the slciminer must be correctly sized to obtain the
appropriate discharge rate.
iii. Supporting engineering calculations will be submitted with the erosion
control plan.
c. Compliance with erosion control requirements will be performance based. The
developer will install and maintain devices to adequately maintain sediment on-
site. Additional controls will be required if off-site sedimentation occurs, even if
the site is in compliance with the approved plan,
d. The developer shall collaborate with County staff during the erosion control plan
design process: To encourage this, a minimum of one (1)pre-application meeting
with erosion control staff will be conducted prior to submittal of the ECP, and a
pre-construction conference will be conducted prior to land disturbance activities,
e. The developer shall adhere to the maximum slope grading standards of 3:1 per
Orange County regulations.
In cases where a different slope is required to adhere to other local and State
requirement, most notably NC DOT driveway access requirements, or a flatter
slope is deemed more viable to avoid the wholesale grading of the property or
removal of significant vegetation, the developer has the ability to observe a
maximum slope ratio of 2:1 so long as:
i. The developer can demonstrate on a formally submitted site plan as well
as within the grading plan that the reduction will be substantially
complaint with the overall intent of County grading and erosion control
standards and will not create unnecessary interior, or off-site, impacts
ii. That .adherence to the established 3:1 slope standard will require
excessive grading of the property,
iii. That adherence to the established 3:1 slope standards will result in
higher velocity stormwater runoff,
f. Mnziinize disturbance and phase development wherever practical.
g. The developer shall ensure that any grading activity will be conducted in such a
manner that existing vegetation, identified as being located withil~ protected
buffer al•eas fJ Parker April 29, 2008) will be preserved and maintained on the
property
h. The developer shall utilize the natural shape of the land with minimal grading to
locate features in a way that minimize impacts on and off the site.
i. The developer shall adhere to NC DOT maximum slope standards for driveways
and access drives of a two percent (2%) minimum to a twelve percent (12%)
maximum slope where it can be demonstrated on a site plan and on the grading
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plan that slopes exceeding the current Orange County limit of five percent (5%)
are necessary to facilitate safe, pedestrian friendly circulation within the
development and individual districts.
j. The developer shall ensure that all erosion control devices and designs shall
adhere to the Orange County Soil Erosion and Sedimentation Control Ordinance
dated October 23, 2007.
8. STORIVIWATER MANAGEMENT. The following standards shall be observed with
respect to stormwater management•activities for the project:
a. Riparian areas (stream buffers) shall be maintained in compliance with the
Orange County Stormwater Ordinance for Lands within the Neuse River Basin
(Neuse Rules) adopted March 9, 2001, and as amended October 23, 2007.
b. Impacts to the Neuse stream buffers on site shall comply with the uses listed in
the Neuse Rules and the Orange County Zoning Ordinance. Examples of listed
uses include utilities, roadways, etc.
If Neuse stream buffer mitigation is required as a result this development,
preference should be given to on-site mitigation such as stream buffer
enhancement and/or restoration.
c. The project shall comply with the Stormwater requirements listed in the Neuse
Rules. This includes:
i. No net increase in peak flow leaving the site from the predevelopment
conditions for the 1-year, 24-hour storm; predevelopment conditions are
those currently existing as of Apri19, 2008, and
ii. Nitrogen load contribution leaving the site must be held to 3.6 lbs per acre
per year.
d. A Master Stormwater Management Plan (SMP) shall be developed to address
stormwater runoff for the entire development even though individual parcels may
be responsible for installing stormwater best management practices (BMPs).
e. Innovative Stormwater BMPs • and .practices shall be utilized that meet or exceed
the requirements of the current version of the North Carolina Division of Water
Quality Stormwater Best Management Practices Manual (July 2007).
f. The Neuse Rules allow. commercial development to utilize a one time offset
payment to bring nitrogen down to the 3.6 lbs/ac/year if
g. The project shall utilize on-site stormwater best management practices (BMPs) to
meet these requirements to the extent practical. Using ,offset payments onl in
lieu of Stormwater BMP's will. not be accepted.
h. The project shall install Stormwater BMP's to remove enough nitrogen to bring
the. development down to 3.6 lbs/ac/yr export OR do a combination of BMP's and
offset payment to achieve a 3.6 lbs/ac/year export. A combination of Stormwater
BMP's and offset payment will be allowed under the following conditions:
18
i. Onsite stormwater BMPs are designed so that the computed nitrogen
loading is below 7.0 lbs/ac/year that is more restrictive that the Neuse Rules
currently require.
ii. The offset fee to bring the remaining loading rate to the 3.6 lbs/ac/year is
used in Orange County.
i.. The developer shall collaborate with County staff during the SMP design process.
To encourage this, a minimum of three meetings with stormwater staff will be
conducted prior to submittal of the SMP.
9. WATER SUPPLY AND SEWAGE DISPOSAL. Please refer to Section Six (6)
Utilities and Other Public Services.
SECTION 2-3-3 GENERAL PERFOP:MANCE STANDARDS:
1. ENVIRONMENTAL:
The following additional performance standard shall be adhered to in addressing the
environmental impact of the BVPD project: -
a. BVPD shall comply with the requirements for the EPA -Construction General
Permit (CGP) and .the -Phase I and Phase II of the National Pollutant Discharge
Elimination System (NPDES) program.
b. BVPD shall not propose to develop buildings, hardscape, roads or parking areas
on portions of sites that meet any one of the following criteria:
i. Previously undeveloped land whose elevation is lower than 5 feet above
the elevation of the 100- year flood as defined by FEIVIA (Federal
Emergency Management Agency),
ii. .Land that is specifically identified as habitat for any species on Federal or
State threatened or endangered lists,
iii. Within 100 feet of any contiguous wetlands, as defined by United States
Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and
isolated wetlands or areas of special concern identified by state or local
rule, OR within setback distances from wetlands prescribed in state or
local regulations unless otherwise mitigated in accordance with US Army
Corps guidelines/standards, and
iv. Previously undeveloped land that is within fifty (SO) feet of a water body,
defimed as seas, lakes, rivers, streams and tributaries which support or
could support fish, recreation or industrial use, consistent with the
terminology of the Clean Water Act.
c. BVPD shall adhere to any and all applicable regulations contained within the
Orange County Zoning Ordinance addressing the protection of the natural area
around identified streams or water bodies,
19
2. WATER EFFICIENCY:
a. The developer is restricted from using potable, municipal water, for irrigation
purposes. As a result, the developer shall utilize captured rainwater, e~water
treated. and conveyed by a public agency specifically, or water from improved
well sites (J Parker April 29, 2008) -for non-potable uses for irrigation of
landscaped area within the development,
b. As outlined within the Landscaping and Buffer standards, the developer shall only
install landscaping that does not require permanent irrigation systems and are
considered to be draught tolerant in accordance with County regulations,
c. Through lease agreements, covenants, and other similar deed restrictions the
developer shall require that all tenants install acid utilize low flow water fixtures
(i.e. toilets, sinks, shower heads, etc.) as part of the development.
3. INDO(.IR ENVIRONIVIETNAL, QUALITY:
Through lease agreements, covenants, acid other similar deed restrictions the developer
shall require that:
i. Smoking be prohibited within a building or that there be designated
smoking areas within a structure. If smoking areas are designated within a
building, they shall be so located to effectively contain, capture, and
remove ETS from the building,
ii. That external smoking areas shall be a minimum of fifty (50) feet away
from entries, outdoor air intakes and operable windows.
20
PART 2-4 - DESIGN CRITERIA:
SECTION 2-4-1 ARCHITECTURAL DESIGN:
Architectural design issues shall be regulated in the following manner for the BVPD project:
1. An BVPD Architectural Review Board (BVPD-ARB) shall be established prior to the
submission of any site plan commencing the development of any land use within the
three (3) BVPD Development Districts. The purpose of this review board is to oversee,
comment, and guide the design of any and all proposed buildings, signage, additional
landscaping, lighting, and other similar submittals to ensure compliance with all
applicable standards as referenced herein.
Membership on the board shall include:
i. The applicant(s),
ii. A registered architect,
iii. A landscape architect,
iv. A civil engineer, and
v. Other building and design professionals as appropriate.
Once a submittal is deemed to be satisfactory, the ARB board shall issue 'a Letter of
Compliance to the County indicating that the ARB members have found that, in their
opinion, the project is consistent with the various guidelines, standards, and regulations
governing development within the BVPD.
No government agency responsible for the permitting of any project within the
development site shall accept a development application without this Letter of
Compliance.
2. The following exterior finishes and/or siding materials shall be allowed throughout the
project:
a. Cement/concrete siding, such as Hardi-plank or equal material, shall be used to
simulate wood and wood trusses where a rustic look is desired,
b. Brick and/or stucco,
c. Concrete in pre-cast or cast-in-place (CIP) applications shall be allowed. Where
such material is utilized, large expanses will be broken-up and modulated with
architectural variations like scoring, reveals, ornamental embellishments, etc.
d. Dry-stack and/or ashlar stone may be used as an identifying characteristic,
e. Concrete masonry units (CMU's). For this project, CMUs shall be:
i. Standard block, painted for service areas out of public view, rears of
parapets, etc OR
21
ii. Split-face and/or -round face CMU's~J Parker April 29, 2008) I C
f. All storefronts and glass walls shall utilize glazing. Reflective and/or mirrored
glass is prohibited.
s;~;~J Parker April 29, 20081
4_3.Streetscapes, for connected or individual buildings connected via a court yard or plaza,
shall utilize similar design elements and compositions to ensure uniformity,
~4.With respect to roof lines and design, the following standards shall apply:
a. Roof designs that serve to enhance the capture of natural. light shall be
encouraged,
b. All rooftop HVAC equipment, elevator overrides, and other similar devises will
either be:
i. Clad in exterior materials that are not reflective or illuminated and are
stealth-like in their appearance ,OR
ii. Are designed as an architectural feature, OR
iii. Screened through some vegetative buffer or fencing.
c. Solar panels shall be allowed to be installed along roof tops, including raised
panels to allow for tracking of the suns rays, so long as:
i. The panels do not create sufficient glare to create a public safety hazard, and \.
ii. The panels are screened from view at street level,
The installation of these devises shall be reviewed and approved by the Orange
County Planning Department on a case-by-case basis.
d. Slopped standing seam metal roofs shall be permitted to long as they are designed
to blend in with the architecture of the building and the district,
e. Flat roofs comprised of TCP, EPDM, rubber single-ply membrane and other
similar products shall be permitted to long as the applicant demonstrates that the
roof shall be hidden or shielded from the public's street view through the use of
parapets, railings, or balusters.
~S.Any and all accessory buildings and enclosures whether attached to or detached from the
main building, including automatic teller machines, shall be designed to complement the
site architecture and shall be integrated with the same scale, texture, color and detailing
of adjacent architectural design,
~6.Maximum slopes between two percent (2%) and five percent (5%) shall be maintained ( .
across all parking and pedestrian spaces to guarantee compliance with the Americans
with Disabilities Act (ADA),
~'7.Any required deviation to address NC DOT drive slope requirements shall be limited to ~
occur along access drives and/or between individual districts to avoid internal District
slope conflict creating accessibility issues,
22
~8.Setbaclcs for any and all structures located within the BVPD project shall be as follows:
Setback from Freestanding In-line Shops and Vehicular Use Storage Areas Signs
Internal Buildings and Buildings Areas
Property Structures
Lines
Front Ten (10) feet One (1) foot * Zero Zero Zero
Side Ten (10) feet Zero Zero Zero Zero
Rear Ten (10) feet One (1) foot * .Zero Zero Zero
* When proposed use is adjacent to common ownership property such as a private street, alley,
and parking area. When this is not the case, then the setbacks for freestanding buildings shall be
used* '
Setback from Freestanding In-line Shops and Vehicular Use Storage Areas Signs
Perimeter Buildings and Buildings Areas
Property Structures
Lines
Front Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet
feet
Side Twenty-five (25) Ten (10) feet Ten (10) feet Ten (10) feet Ten (10) feet
feet
Rear Twenty-five (25) Ten (l0) feet Ten (10) feet Ten (10) feet Ten (10) feet
feet
x-9:9. Principal entrances shall have a front facade serving as the primary means of
public ingress and egress that faces either a public space/court yard or a street,
X1.0. Parlcs, green plazas, squares, court yards, etc shall have a minimum area of at least
one -sixth (1/6) of an acre, and a width of at least one hundred (100) feet. These areas
shall be located, at a maximum, within one-sixth (l/6) of a mile of at least seventy-five..
percent (75%) of any and all dwelling units andlor business entrances,
23
SECTION 2-4-2 LANDSCAPING AND PRESERVATION DESIGN:
1. All required internal and external landscaping shall be installed, or bonded, and..
maintained by the developer or their successor in perpetuity,
2. All internal landscaping associated with the development of an individual ,land use shall
be installed or bonded prior to the issuance of a Certificate of Occupancy allowing for the
occupancy of any building within the development site,
3. All landscaping shall be comprised of indigenous, drought resistant, vegetation,
4. A comprehensive, and detailed, landscaping plan shall be submitted to the Orange
County Planning Department prior to any internal or external earth disturbing activity or
road work for review and approval by members of the staff as well as the following
Planning partners, including:
a. Cooperative Extension (staff arborist),
b. NC DOT if encroachments are needed,
c. Local utility companies (i.e. power, cable, phone, etc)
5. Developer shall demonstrate compliance with all applicable local and State regulations
within the submitted landscaping plan as well as the approved BVPD Master Plan,
6. All external landscaping shall be watered through reclaimed stormwater, or on-site wells
in the event that stormwater in unavailable, as proposed by the developer within the C
approved Master Plan. Detailed plans showing the anticipated method of care (i.e.
underground sprinklers, maintenance personnel, etc) shall be submitted as part of the
Landscape plan for review and approval by staff.
7. The developer shall provide any combination of the following strategies for all of the
non-roof paved surfaces:
i. Covered, at a minimum of twenty-five percent. (25%), with tree shade
within five (5) years of occupancy,
ii. Paved with materials with a Solar Reflectance Index (SRI) of at least 29,
or
iii. Paved with pervious concrete.
8. Limits of disturbance shall be in accordance with the approved Master Erosion Control
and Grading Plan approved by the Cotult~prior to any earth disturbing activity. ne-~~re
~
-~~~ e
> >
.~..~ ++..a,.....~...., ..,
i~it~
1. ~~-tv~rriy-.~~`>~ l~S~l f'r~at 1~
l
24
~J Parker April 29, 2008)
9. The required landscaping within parking areas shall be in accordance with the following:
i. Parking lot
shade trees
shall be
provided at a
ratio of one
(1) three inch
(3 ") minimum
caliper tree for
every ten (10)
parking spaces
as shown in
the following
diagram:
L+~,~V$ C IVL• j
S ~ r ec
Tror ara~iart.~nlwD icr r... '~ ~.
tlt~ t izlura ennopl eiza .,,....... ~ ~
~'` i~ r ~ -~~.-.i:~~
fr~~
r
rj ~ ~ . y.eN ~~ ~I .
" j + x ,Ys j
~ ~ ~r~ ~
a r~~ ~l ~~
s~rtM;~,~
~P ~,
Ekampla ~ilustralcri: ~~ ~. 4r ~ ~ {~t '- i
^s~:d¢s~ctaE}•W0,41.ra~k~ , r '~- ? Ij .. ~
~~
~ r
... - -K't~ nth~alvcr j
......_..._.-__...._._..___..__.~..~_ ............. _.. -......., .........._ ..,.......,..... .,. ... _. ....1
The applicant/developer is required to demonstrate that ninety percent
(90%) of the parking spaces are within fifty (50) feet of the center of a
shade tree. If not, additional landscaping shall be required.
ii. The minimum tree planting area shall be nine (9) feet by eighteen (18) feet
except where tree grates are provided,
iii. Where trees are planted within tree grates, and surface paving encroaches
into the planting area, then the minimum planting area shall be sixty-four
(64) square feet in area by two (2) feet in depth,
iv. Where parking lots and drives abut interior property lines, the ten (10) foot
required landscaped area may be split among the two (2) adjoining
property owners.
10. Screening of parking areas along the perimeter boundary of the project shall maintain a
minimum tree spacing of sixty (60) feet and provide the required thirty-six inch (36")
screening, required to be a minimum of twenty-four inches (24") at initial planting,
adjacent to proposed parking spaces,
11. Landscaping along a buildings perimeter shall be in accordance with the following
standards:
25
i. Thirty percent
(30%) of a
buildings
perimeter shall
be landscaped
while
maintaining
the necessary
sidewallc area
as shown in
the following
diagram:
ii. These areas may consist of lawn~~lanters, or shrub areas so long as the
shrub areas, that have to be twenty-four inches (24") minimum in width,
comprise a minimum of fifty percent (50%) of the total linear dimension
along the building's perimeter.
12. With respect to internal street landscaping, there shall be one (1) tree at a three inch (3")
caliper provided every sixty (60) feet as shown in the following diagram:
` ~'~
~!; ~•
r mere.. ~.:
` t
H: . '
:.I?'
,' ~ ~ '
t~ Y~,
"~_ _ K R
~~ ~ ~,~ ~{ ~ ~, ~r ~l
l~r~~~tGv :'~t~.~t ~~~ity~
1 1 a
i
}~~ f 1~
_ d
Y ~" ~ ~ ~'s, ~~ I~ 4,~ frI'' v ~~i~ 4 _,~1~4~4 ~ i
t
~F~F~~~~:# p~ir~~
4
;~~ ~
~£kC~;1~9~ +~~'
26
13. All ground level HVAC, mechanical equipment cabinets, etc. shall be screened from
view through the use of landscaping, walls, and or fencing,
~-1.A11 solid waste containers, dumpsters, recycling, bins, etc. shall be enclosed within a
screened area with shrubs or plats plated along the base. In cases where the enclosure is
connected to a building then plantings shall not be required but the dtunpster shall still be
required to be enclosed. (J Parker Apri129, 2008)
SECTION 2-4-3 SIGNS AND LIGHTING:
SIGNS:
1. Entry Portal Marker -providing the name of the development and identifying the
names of major tenants. These signs are primarily intended for location at the main
entrances to the project.
Maximum Number: Four (4) signs,
Maximum Height: Fifteen (15) feet,
2.
Maximum Size: Three hundred (300) square
feet each.
Style of Sign: Internally illuminated cabinet style
signs shall be prohibited. Entry portal markers
shall be either raised/blocked lettering or a wall
style sign that is externally illuminated.
Sign Allocation: For Entry Portal Markers, the name
of the project shall occupy at least sixty percent (60%)
of the sign area. Larger tenants are required to have a
minimum of fifty thousand (50,000) square feet of floor
area to qualify for signage on the Entry Portal Marker.
Setback from right-of--way: Ten (10) feet
Setback from private road: Five (5) feet
Maximum Number: One (1) wall or building
mounted sign per fagade or individual rental
space,
Major Tenant Identification -providing the name of the tenant that will be wall or
building mounted. These signs are reserved for tenants occupying freestanding buildings
or who are part of amulti-tenant, single-story, freestanding building. Tenants qualifying
for a Maj or Tenant Identification sign shall have to k .--} ~ .x ~m
have a minimum of ~~" +r,,. .,,,,~ rsn~~nr~~,,'enty ~ f~-~ ,, ~ ,~~~;: ~ ,~
-l ~ ~ ~ -
thousand (20,000) (J Parker April 29, 2008) square r,r. ~ ~ ~~ ,,~ ~ ;
feet of floor area. ~,„ -~r ~ ~} ~'s ~~ -~ ~' ~~f~.
~ ~ ~~ r'
f'~. iYrfj~~i
Maximum Height: The sign cannot extend
above the building/parapet height;
Maximum Size: Two (2) square feet of signage
for every one (1) square foot of frontage not to
exceed three hundred (300) feet.
In cases where a building contains multiple
tenants, wall signs shall be allowed as follows:
thirty-two (32) square feet of sign are per tenant
not to exceed three hundred (300) square feet per
building. Sign must fit above. tenant space and can
only occupy two-thirds (2/3) of the building fagade
Style of Sign: No internally illuminated cabinet style
signs shall be permitted within the development.
Tenants are allowed to install a sign with individual letters
that can be internally illuminated
Setback from right-of--way: Not Applicable
Setback from private road: Not Applicable
3. Minor Tenant Identification -providing the name of the tenant that will be wall or
building mounted. These signs are reserved for tenants occupying retail spaces along
streetscapes where sidewalks are intended to be provided to facility public access.
Maximum Number: One (1) wall or building
mounted sign per facade or individual rental
space,
Maximum Height: The sign cannot extend
above the building/parapet height,
Maximum Size: Twenty-four (24) square feet.
Style of Sign: No internally illuminated cabinel
signs shall be permitted within the development.
Tenants are allowed to install a sign with individua]
letters that can be internally illuminated
Projecting Signs: In cases where projecting signs
are utilized, the sign shall be mounted a minimum
of fifteen (15) feet above the sidewalk/pedestrian
area. Projecting signs includes the following:
i. Awnings,
ii. Bracket signs (depicted)
._...~.:I !.._..._
;
~// z F ~y ~~
G~" L ~~10~ ~! ~ l
~,~ ,.~ d'~ 'T{rL~ 2 {i i fk ~ ..yr~~~r
ht'y~i~1r v'' fr, !~
H
_
z.~_
x - - ~ --, ~~~.wY.
't
,'T~ . ~;
,~~ I i
F
.~ ~ ~' ~r4 ~ ~ I I _~.:
4 ~ s tJe_ ~ [ ~ {~i~
i u
i"
~.
Setback from right-of--way: Not Applicable
Setback from private road: Not Applicable
4. Directional Monuments -providing tenant location information to motorists and
pedestrians along streets to manage traffic flow throughout the project.
Maximum Number: As determined by staff during site plan review,
5.
Maximum Height: Twelve (12) feet,
Maximum Size: One hundred (100) square feet each,
Setback from right-of--way (all classifications): Ten (10) feet,
Secondary Directional Signage- providing essential information to motorists and
pedestrians with respect to services offered by the tenants (i.e. pick-up/drop-off areas,
loading zones, do not enter, etc.). Secondary Directional Signage can contain advertising
material, such as a logo or name of the tenant.
Maximum Number: As determined by
staff during site plan review,
Maximum Height: As determined by
staff during site plan review,
Maximum Size: Nine (9) square feet
Setback from right-of--way (all classifications):
Ten (10) feet
6. Window Signs - A sign erected on the interior side of a window of a place of business
advertising any service, product, special, or sale conducted within the business where it
is located. Window Sign's can also include the stenciling of the name of a non-
residential establishment and may include hours of operation, phone numbers, and other
pertinent information associated with the non-residential land use.
Window Signs shall be limited to occupying a maximum of thirty (30) percent of the
total window area where the sign is to be erected. This includes signs advertising
specials within the business, signs advertising sales, and signs advertising the name and
other pertinent business information associated with the principal use that may be
etched, attached, or otherwise made a permanent part of a pane of glass.
29
LIGHTING:
All outdoor lighting erected within the project shall be required to demonstrate compliance with
all applicable County regulations including submission of any and all required lighting plans.
r
30
PART THREE -TRANSPORTATION:
SECTION 3-1 THOROUGHFARE (EXTERNAL) PLANNING:
Thoroughfare improvements shall be completed in accordance with the following:
1. External roadway improvements shall be constructed in accordance with a phased
construction/developmentplan in accordance with NC DOT requirements and guidelines,
the approved Traffic Unpact Analysis (TIA), the approved Master Plan, and the standards
outlined herein,
2. The developer shall provide a revised TIA report that identified anticipated impacts of
this development at the intersection of US 70 and Buckhorn Road as well as the
intersection of Mt. Willing and West Ten Road. The developer shall be responsible for
constructing any and all improvements at those intersections that are recommended to
mitigate direct impacts resulting form this development.
The revised TIA. shall also include weekend traffic counts at similar developments. The
developer shall provide any additional facilities to accommodate traffic flow on
weekends as required by NC DOT from review of the revised TIA.
The revised TIA shall be submitted and approved prior to the submission of any site plan
proposing development within any of the approved Districts,
3. Required roadway improvements shall be accommodated within .existing road rights-of-
way. If additional right-of--way is required, the developer shall secure the necessary land
via purchase agreements with affected property owners, i11 accordance with NCDOT
right-of-way acquisition process (J Parker April 29, 2008)
4. The proposed roadway expansion of the. existing bridge over Interstate 85 to
accommodate five (5) lanes of traffic, as detailed within the TIA, shall be designed to
accommodate bicycle lanes and pedestrian sidewalks runliing both north and south,
5. The proposed widening of Buckhorn Road to accommodate four (4) lanes of traffic, shall
be designed to accommodate bicycle lanes and pedestrian sidewalks rumiing both north
and south, .
6. The developer shall widen Buckhorn Road along the southbound lane, from the
intersection of West Ten Road, to create a merge lane for all southbound traffic,
7. A bicycle lane provided along the eastern portion of West Ten Road running along
property line of the development,
8. All street signals shall be erected on metal poles, rather than on wires extending across
the intersection unless the width of the road makes the use of such poles impractical,
9. The County, the City of Mebane, and NC DOT shall approve all metal utility poles
allowing for the erection of street signals, both internal and external, prior to installation,
10. The developer shall identify and develop segregated entrances and exists for pedestrian
and construction vehicular traffic during the development of the project to avoid conflict.
31
These entrances shall be reviewed and approved by the Orange County Planning
disturbin activities
Department pnor to the commencement of earth g ,
11. The developer shall install sidewallcs along the perimeter of the property allowing for
additional pedestrian access to the site,
12. The proposed two (2) additional left and right turn. entrances/exits proposed for Buckhorn
Road shall be installed but shall not be opened until construction begins on projects
within District Two or Three,
13. The developer shall construct two (2) proposed bus pullouts at transit stops along
Buckhorn Road concurrent with road improvements to Buckhorn Road to include a
transit shelter at each stop,
14. The developer shall install a transit shelter at the two (2) transit stops (bus pullouts)
within the development,
15. All traffic directional signage shall be installed at this time as well including, but not
limited to:
i. Stop signs,
ii. Yield signs,
iii. Bus parking and unloading informational signs,
iv. Lane ends, Merge signs,
v. Caution Pedestrian Traffic -Yield Signs,
vi. Traffic safety signs designed to direct construction traffic throughout the
site,
vii. Traffic warning .signs indicating the location of private driveways and
forbidding public access to the various properties,
viii. Through traffic signs,
ix. Any and all signs required by NC DOT for the project
SECTION 3-3 ALTERNATIVE TRANSPORTATION:
1. The developer shall include bicycle lanes and sidewallcs along both sides, northbound and
southbound, of the bridge on Buckhorn Road over I-85.
2. The developer shall construct bicycle lanes and sidewalks along roads adjacent to the
property boundaries: the northbound lane of Buckhorn Road from West Ten Road to I-
85; and the westbound lane of West Ten Road from the eastern edge of property on West
Ten Road to Bnclchorn Road.
3. The developer shall construct four (4) bus pullouts and transit shelters at locations
indicated for transit stops on the submitted Transportation and Pedestrian Plan. .The
developer shall construct the two (2) transit stops and shelters along Buckhorn Road
.concurrent with road improvements to Buckhorn Road.
32
4. The developer shall construct bicycle lanes on both sides of internal roads where bicycle
lanes are indicated on the submitted Transportation and Pedestrian Plan. The developer
will provide bicycle lanes along the major access road through the development. to
adjacent property in the Economic Development District all the way to the eastern
property boundary.
5. The developer will provide wide outside lanes (14') to accommodate bicycle traffic on
internal roads where bicycle lanes are not provided.
6. The developer shall construct sidewalks on both sides of all internal roads. The
developer will provide sidewallcs along both sides of the major access road through the
development to adjacent property in the Economic Development District all the way to
the eastern property boundary.
7. The developer shall provide crosswallcs at all intersections within. the development.
Crosswalk improvements may include painting, pavement changes, curb extensions that
narrow the crossing distance, or other measures that may be warranted to improve
pedestrian safety including crosswalk signals that provide assistance to deaf and visually
impaired individuals announcing when it is safe to cross at intersections on the major
access road.
8. The developer shall ensure the following Travel Demand Management requirements
through incorporating these requirements into the leases or individual sales documents
for future tenants to be included in the planned development owners' association
covenants.
9. The developer shall develop a Travel Demand Management Plan for the entire
development that includes, but is not limited to, the following provisions:
The developer shall designate three percent (3%) of total parking
spaces for. all retail development as "Park and JE2ide". I~[owever, 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.
(Why regtiure when there is no mass transit plan - (J Parker April 29, 2008))
0
7 Parker
Apri129, 2008)
X1-10. 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.
33
SECTION 3-4 INTERNAL TRAFFIC CIRCULATION AND PARING:
1. The timeline for internal street improvements shall be as follows:
a~Internal thoroughfares/main roadways shall all be constructed at the same time
allowing for ingress and egress from Buckhorn and West Ten Roads or in
accordance with an acceptable construction sequence as a phased construction
plan similar to the phased Utility Plan detailed within Section 4-1 of this
document (J Parker Apri129, 20081.,
b. Roadways and drive-cuts affording internal access within Districts I, II, and III
shall only be constructed after detailed site plans are approved by the County.
2. All streets and sidewalks shall be designated as available for general public use through
an easement(s),
3. In implementing the internal circulation traffic pattern, the .following street shall be
designed to accommodate the following maximum speed limits:
a. Alleys affording access to residential land uses and to the rear of various
buildings for service delivery: Ten (10) Miles and Hour,
b. Streets serving the interior portions of District II: Ten (10) Miles and Hour,
c. Streets serving as service roads to allow for the free flow of traffic between the
various districts as well as Buckhorn and West Ten Roads: Twenty-two (22)
Miles and hour.
4. Crosswalks shall be painted, or otherwise delineated, within the roadways to signify
pedestrian crossing points,
5
6.
The developer shall cause crosswalk signals to be installed, where stoplights are located,
providing assistance to deaf and visually impaired individuals announcing when it is safe
to cross thoroughfares,
Entrances to parking areas for
individual uses, whether it is
a single, independent, land
use or a multi-tenant
building, shall be designed to
channel traffic through
central points off of interior
thoroughfares in an effort to
avoid unnecessary vehicular
and/or pedestrian interaction
as detailed in the following
exhibit.
Access points shall be limited
to ensure proper traffic flow
throughout the development.
Central entrance/exit point that channels traffic into a parking area in an effort
to avoid unnecessary congestion.
i1M~. 9 rmr°
.
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34
7. In cases where a corner lot is created within the development, parking shall not be located
within the corner facing the intersection. Instead, the developer shall install landscaping,
andlor a prominent building feature, within this area,
8. Any proposed land use making use, or needed, drop-off zones/areas shall be provided
near building entrances and segregated from required parking spaces and/or vehicular
travel lanes,
9. Parking areas shall be separated from structures by:
a. A raised concrete wallcway,
b. A landscaped buffer/natural area, or
c. A segregated pedestrian walkway.
In no case will parking be allowed to directly abut a proposed structure,
10. Parking areas shall be designed so that pedestrians walls parallel to moving cars in order
to minimize the need for pedestrians to cross parking aisles and landscape areas,
11. All aggregate base(s) utilized for roadway, parking lot, sidewallc, and curb construction
shall have at least ninety percent (90%) recycled. content by volume. Asphalt concrete
shall have at least a fifteen percent (15%) of recycled content by volume,
12. All exterior lighting, including traffic signals and street lighting shall conform to
ASH[RAE / IESNA Standard 90.1-2004, Exterior Lighting Section, without addenda, for
Zone LZ3 -Medium (CommerciaUIndustrial, High-Density Residential),
13. Mass transit stops and various support structures (i.e. bus shelters) shall be constructed
within each district prior to the issuance of the Certificate of Occupancy allowing for the
occupancy of and building within the subject district. Internal lighting of these structures
shall be provided utilizing solar collectors,
14. Street front parking shall be provided in accordance with the following standards:
a. In cases where angled
parking is proposed,
the parking space
shall not exceed a
angle of ninety (90)
degrees in order to
facility ease in
backing out of spaces
as detailed in the
following exhibit:
i'~.9a>ztrcixtn ~±"tirrrkrarxirap ik.rd:t ttclictK Sa ~xrk'k L~._~~_.____
;tt~'L'15~. 17+r :~~,~i".ftiu~L ir.i3: ~~ •ri+rr7t~-~rir.~
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f ~
f :;tl: R.
'g-" "' i ',_ I Y ' S E7.. t d~'t• ?" 7 I kit}v..~~y~ .rr' j '{e~'
s,,,-, ,,,,., .-`i~ `c 4'^r`,` '~' '- ` '`:ice ~ SI
a ; .F
-' l^ 44641 lu u':.tFd
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y(7,ivt A,..al atr ' yp„„,~
35
b. In instances where
angled parking/street
front parking is
c. utilized, the developer
shall only allow for a
one-way traffic flow
pattern to be utilized
in order to guarantee
motorists and
pedestrian safety or
shall angle the
parking in such a
manner that there will
be no conflict as
detailed in the
following exhibit:
~..._,.:.._.._...__:_.,..._ .~ r~y _.,...~...,.._W....._._...,....._,_..._.
P:~7Hin~,~~ Sen'ice ..,-~Sm~tl Trecs in 5idetivalL
~ A
i a~ ~ ~ t+ ~„ Onlc~~tl'IW~YCM
,: ,
~ ~. , „ ;w
~ ;Ii~ ~(I 14~ ye ,{T
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rSha~+a G(I-U"o °
' j 1! - ~'~ YI ~ 2' t~ Elul
'~.l~~~11.`~, .~;.Cl~~:~ - ~ .~ti`t~,,~.\~t~` ~\\11';'x:
t'rit~ze,Sircehu~;linn•Striif i'a.i~itig
t ~ ~,,,;!"'-" lit'` ~,:, '`r" 7Ft 1 .,, '~ t tt r.;.
I`-. i .~ 7 , i i' ~'' .4'.`tr~~t~
~j V
c. In cases where angled parking is utilized the required parking stall dimensions
shall be: Nixie (9) feet by Eighteen (1.8) feet.
15. Curb stops shall be required in all parking lots in cases where there is no proposed island,
landscape area, or sidewallc to provide a traffic break,
16. Drive isles for parking areas shall meet the following minimum width requirements:
a. One-way traffic: Minimum of twelve (12) feet. oftravel/drive isle,
b. Two-way traffic: Minimum of twenty-four (24) feet of traveUdrive isle
17. Parking for individual land uses shall be based on the following standards:
a. One (1) space for every three hundred. (300) square feet of floor space within a
Retail Trade (excluding Restaurants only when located within astand-alone
facili )~J Parker April 29, 20081, Service (excluding Indoor/Outdoor Theaters),
Manufacturing, Assembly, and Processing, and Finance, Insurance, and Real
Estate land use,
The maximum amount of parking permitted for these uses shall be one (1) space
for every two hundred fifty (250) square feet of floor space.
b. One (1) parking space for each Residential Dwelling, Multi-family unit,
c. One (1) parking space for every three (3) seats in a Indoor and/or Outdoor
Theater,
d. One (1) parking space for every ~'~° rcn` ^^•~^~'° ~°°~ ^~ r'^^~' ^r°^shift e>nplo~ee
(J Parker April 29, 2008) -within a Retail Trade, Restaurant facility, excluding
dining or bar areas, as well as one (1) parking space for every four (4) seats within
the facility,
l
36
e. One (1) parking- space for every three hundred (300) of floor area within a
Government facility.
f. One (1) space per every room in a hotel plus one (1) per shift employee
g. All parking lot spaces, unless other wise designated, shall be: Nine (9) feet by
Eighteen (18) feet.
18. Required parking spaces may be reduced by thirty percent (30%) within a given District
or other development area if the developer adheres to the following:
a. The spaces allotted for each individual use shall be shown on the application for a
Zoning Compliance Permit,
b. The distance from the farthest allotted space to the main entrance of a structure
housing the use that it is intended to serve not to be more than four hundred (400)
feet,
c. The spaces shall be located within the same District or within four hundred (400)
.feet of the proposed use to qualify for a reduction on the required parking,
d. Twenty percent (20%) Inay be compact car parking with a dimension of seven
and a half (7 %2) feet in width and sixteen (16) feet in depth.
19. All required parking spaces shall be improved with asphalt, concrete or other similar
material as approved by the County,
20. Handicapped parking shall be provided in accordance with the standards of the State of
North Carolina Building Code.
21. All parties involved with this project shall sign a Memorandum of Agreement regarding
transit service. The Agreement shall describe how the bus transit service shall be
provided such that all building entrances are within one-quarter (1/4) mile of a transit
stop. Further, service shall be phased such that it shall be provided prior to issuance of the
last certificate of occupancy for each development phase. Each transit stop shall have a
covered and at least partially enclosed transit shelters with lcioslcs and illuminated to five
(5) average maintained footcandles. Information at each kiosk shall detail local transit
information including basic schedule and route information,
22. Each building or groups of buildings requiring individual building permits shall provide
bicycle parking spaces or storage for at least ten percent (10%) of the parking space
capacity,
23. All lease agreement, or individual sales documents, for future tenants shall include
provisions requiring the installation and maintenance of bicycle racks or other similar
secure location for the storage of bicycles within the development.
24. Parking areas within the project maybe designated as park and ride lots.
37
SECTION 3-5 SERVICE AND STORAGE ~ ~ C
Off-street loading (loading berths) shall be provided in accordance with the following standards:
a. One (1) space for each five thousand (5,000) square feet of floor area not to
exceed three (3) berths,
b. A loading berth shall adhere to the following dimensional requirements:
i. A minimum width of twelve (12) feet,
ii. A minimum depth of sixty (60) feet, and
iii. A vertical clearance of sixteen (16) feet above finished grade of the space.
38
PART FOUR -UTILITIES AND OTHER PUBLIC SERVICES:
SECTION 4-1 UTILITY PLAN:
A written, signed agreement between the applicant and the City of Mebane shall be
executed, which describes the timing, phasing, design, and financing of public water
distribution and public sanitary sewer collection mains for the project, consistent with the
following:
WATER:
District I:
The initial needs of the large single retailer are available in the existing
infrastructure in Buckhorn Road.. District I will be extension of the twelve inch
(12") waterline into the property along the main entry street providing
ingress/egress into to District I.
At current capacities and pressures of the existing City of Mebane infrastructure
domestic and fire flow service shall be available.
A private booster pump shall be installed if determined by the City of Mebane and
Orange County that it is necessary to provide adequate water pressure to tenants
to address fire safety issues.
District II and/or IH:
The build-out of the other two (2) Districts, regardless of which District is
developed first, will require the extension of an additional water lines either from
the north side of I 40/85 or from the west along Bowman Road and West Ten
Road.
As part of the development project, the developer shall submit a detailed Utility
Master Plan for review and approval to the City of Mebane and Orange County
outlining the appropriate steps that will be taken to provide water service to the
remaining Districts prior to the recording of the Class A SUP documents.
SEWER:
Sewer Collection will be supplied to the BVPD project in a phased format
consistent with the District phasing outlined herein.
The following sewer improvements have been preliminary identified as being
necessary to support the project:
District I:
District I will be served with a temporary private pump station and force main.
The private line will discharge into the existing gravity sewer on the west side of
Buckhorn Road.
39
District II _ C
Development of District II will require the extension of the ten inch (10") gravity
line from the Gravely Hill pump station to the east side of the property.
Sewer easements shall be obtained and this will be a public line.
Upgrade to the current GE pump station, north of I 40/85 and off of Industrial
Drive, will most likely be required to accept this additional flow.
District ~II
Development of District III will require the extension of a force main from the
intersection of West Ten and Buckhorn Road to the new Regional Pump Station,
and require an upgrade to the Gravely Hill Station..
The developer shall absorb costs associated with the improvement of all utility
systems in accordance with established County and City of Mebane policies.
Additional improvements ~ may be required upon the submission .and review of
comprehensive utility management plans by Orange County and the City of Mebane.
Utilities shall be stubbed out to adjacent properties.
40
PART FIVE -OPEN SPACE:
The Open Space management plan differs from the Landscape Design standards outlined within
PART FOUR of this document in the following manner: The preservation of Open Space is
designed to address off-site impacts that may be experienced on adjacent properties versus the
need to address the internal aspect of the development. (i.e. landscaping) to provide relief from
internal development issues.
To that end, the BVPD project shall adhere to the following Open Space management standards:
1. The eastern portion of the project shall abide by the following Open Space requirements:
a. There shall be a one hundred fifty (150) foot undisturbed, natural buffer along the
perimeter of the BVPD property directly adjacent to the Clearview single-family
residential subdivision that is located along West Ten Road,
b. There shall be a ^,,,, ~..,,r,a,.,,a ~'~~~~ ~' ~~`twenty-five (25) (J Parker April 29, 2008)
foot undisturbed, natural buffer along the eastern property line of the BVPD
property. The developer reserves the right to request a reduction of this required
Open Space if the adjacent properties are developed for non-residential purposes.
2. The northern portion of the project, rnnning parallel with Interstate 85, shall abide by the
following Open Space requirements:
a. There shall be a one hundred (100) foot undisturbed, natural buffer along the
northern property line running parallel with Interstate 85 or as approved herein_
This shall not prohibit the development, maintenance, and location of walkiza~
tl•ails or natural pathways within. the development (J Parker April 29, 2008),
b. The developer shall thin existing vegetation to create visual breaks within this
buffer in approximately sixty percent (60%) of the required Open Space, in
accordance with the Orange County regulations and the following standards:
i. These areas shall only be utilized to develop stormwater retention ponds.
There shall be no permanent structure erected within this area that are
intended to provide a service consistent with the BVPD project (i.e. a
commercial business). Sia-uctures that are acceptable for development
within. this area shall be those intended to support stormwater retentions.
operations i.e. pump houses~or utility structures (J Parker April 29, 2008) ,
ii. Disturbed vegetation will be replaced with indigenous, drought resistant
vegetation that will achieve a height of six (6) feet within five (5) years in an
effort to re-establish the opaque nature of the buffer,
iii. Within the remaining are of Open Space, the developer will `hand clear' any
existing vegetation of nuisance, scrub, or dead foliage so long as a minimum
of fifty-four (54) trees per acre is maintained at all times.
3. The western portion of the project, rnnning parallel with Buckhorn Road, shall abide by
the following Open Space requirements:
41
a. There shall be a twenty-five (25) Open Space area along .the western property
line,
b. The developer shall install earthen berms, three (3) to four (4) feet in height, and
add additional landscaping around six (6) existing single-family residential
properties along Buckhorn Road for additional Open. Space protection so long as
the subject properties are utilized to support single-family residential land uses.
4. The southern portion of the project, n~nning parallel with West Ten Road, shall abide by
the following Open Space requirements:
a. There shall. be a twenty-five (25) .foot wide Open Space comdor area along the
southern property line,
b. Existing vegetation shall be thinned, and new vegetation shall be installed ix1
accordance with the Master Landscape Plan (J 1'arl~er April 29, 20.08), to allow
for visual breaks from the roadway,
c. Additional vegetation will be installed consistent with proposed internal and
external landscaping standards.
C
42
PART SIX -OWNERSHIP AND MANAGEMENT:
The BVPD infrastructure, improvements, offsite road improvements and right of way
modification(s) and alteration(s) will be constructed in accordance with the various standards,
policies, and plans included, and as referenced, herein. With respect to the overall management
and upkeep of the property, the following standards shall apply:
1. Bonds/Letters of Credit: Buckhorn Road Associates, LLC (hereafter `B.R.A.') shall
post bonds, or provide letters of credit, in sufficient amount to cover the cost for all facets
of the development project including, but not limited to:
a. Offsite road improvement work, if that work does not commence immediately
after receiving approval from NC DOT or if the work is connected to a future
phase of the project and is not intended to commence until construction of that
phase of the project commences.
b. Internal and external landscaping and Open Space management,
c. Internal road improvements where construction of roadways within a specific
District is not completed as demand does not warrant the expense,
d. Erosion ControUGrading/Stormwater facilities,
e. Utility systems (i.e. water and/or sewer lines) on a case-by-case basis,
BRA will post bonds or have its contractor post bonds for work in an amount sufficient to
cover the cost of the work if required at time of approval to do the work plus ten percent
(10%).
BRA will continue to maintain the bond until the designated, agreed upon expiration date
of the bond, subsequent to final approval of the work.
2. Dedications and Easements: BRA shall establish all necessary cross access easements
to allow for unfettered public use/access to local roadways and sidewalks. BRA shall
also establish any and all necessary easements for the utility systems and provide access
points to any and all necessary parties for maintenance and service related activities.
3. Guarantees: BRA will supply guarantees for all worlc done within. public right of ways,
for a period of one (1) year as required, or up to such time as may be required at
completion of improvements.
4. Agreements, Contracts and Deed Restrictions: BRA will incorporate any and all
restrictions, as outlined herein, into the leases or individual sale documents for either
tenant lease areas or sale of out parcels, or land leases that will insure that the approved
design and use of buildings and common areas will be maintained through the intended
life of this project.
43
The design and intent of this project is to be maintained as originally approved; and'will
survive re- leasing of spaces'or buildings, sale of out parcels or buildings and on renewal
of land leases.
The maintenance of the project and the parcels owned by the developer and those owned
by other tenants or developers will be maintained in a comprehensive, uniform manner,
under the same guidelines of uniformity and design, as approved at the projects inception.
44
ADDITIONAL CONDITIONS -PLANNING BOARD:
Items added bathe Planning Boa~•d on May 21, 2008)
In the. event that the_Board of Gounty Commissioners._.en
considered:
es in further review of the
1. The Planniric~Board recommends that the applicant be required to comply
with state, federal and Orange County.regulations and ordinances to keep the
east-west road out of the stream buffer.
2. The Planning Board recommends that the Board of Gounty Commissioners
evaluate the adequacy of fire protection and funding in the Efland area given
the demands of the proposal. ('approved unanimouslyl
3. The Planning Board recommends that a neutral, balanced and thorough fiscal
and economic analysis of the project be prepared for the benefit of the
Planning Board, Commissioners, and citizens.
4. The Planning Board recommends that the Board of Commissioners explore
additional inter-local agreements relating to zoning and planning in this area
involving Mebane, Efland, and the County.
45