HomeMy WebLinkAboutAgenda - 06-03-2008-5bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2008
Action Agend
Item No. _ ~~ ~~
SUBJECT: Buckhorn Road Associates LLC Rezoning and Class A Special Use Permit
Application(s)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): (UNDER SEPARATE
COVER)
1. Staff Analysis/Recommendation
a. Article Twenty (20) -Rezoning
b. Article Seven (7) -Planned
Development and Article Eight (8)
Special Use Permits
2. Planning Board Recommendation -
May 21, 2008 Resolution
3.. DRAFT PD/SUP Recommended
Conditions of Approval:
a. Staff recommended conditions of
approval,
b. Planning Board recommended
conditions of approval
4. Class ASUP -Staff recommendations
5. Outline of rezoning comments and SUP
evidence including specifically noted
material
INFORMATION CONTACT:
Craig Benedict 245-2592
Michael D. Harvey 245-2607
PURPOSE: To take action on Planned Development Rezoning and Class A Special Use Permit
application proposing the development of a Planned Development on property located within the
I-85/Buckhorn Road Economic Development District.
BACKGROUND: In December of 2007 the applicant, Buckhorn Road Associates LLC,
submitted applications requesting the development of a -large-scale commercial site along
Buckhorn Road. The applicant proposed developing this project as a Planned Development
(hereafter `PD/SUP') in accordance with the provisions of the Orange County Zoning Ordinance.
On February 25, 2008 and April 1, 2008 a PUBLIC HEARING was held to review the
application. The item was forwarded to the .Planning Board with a request that a
recommendation be submitted by the June 3, 2008 BOCG meeting for review.
The Planning Board met on April 2, 2008 to discuss the application and develop a schedule for
reviewing the project. Subsequently, the Planning Board met on May 7, 14, and 21 of 2008 to
2
review the proposal as submitted by the applicant as well as any and all additional information
submitted in writing concerning the project.
On May 21, 2008 the Planning Board passed a resolution (Please refer to Attachment Two)
outlining its `findings' regarding:
a. Action on the rezoning request in accordance with Article Twenty (20) of the Ordinance,
b. Action on the Class A Special Use Permit in accordance with Article Seven (7) and Eight
(8) of the Ordinance.
Within this resolution the Planning Board adopted a overall statement requesting that the
BOCC: `postpone action on the application (both the rezoning and Class A SUP) until revised
plans and additional information are submitted by the applicant in accordance with these
recommendations, and further recommends that the planning staff and Planning Board be given
adequate time and opportunity to complete necessary analysis and develop additional
recommendations' (Attachment Two)
The Planning Board resolution commingles various aspects and findings detailed within Articles
Twenty (20), Seven (7) and Eight (8) of the Ordinance. Staff is in the process of completing a
side-by-side comparison of these `findings' and staffs analysis (Please refer to Attachments
One and Four) for distribution by the June 24, 2008 meeting.
Below is a summary of the various project elements:
The Buckhorn Village Planned Development is comprised of three (3) individual
development districts broken down as follows:
a. District One (1 ): This district is approximately forty-one (41) acres in area
and intended to serve no more than four (4) large retail tenants with a total
anticipated combined floor area of one hundred eighty-five thousand
(185,000) square feet.
b. District Two (2): This district is approximately forty (40) acres in area and
intended to support mixed-use development including retail, office,
restaurants, indoor theaters, hotels, residential, and other similar uses with
an anticipated combined floor area of five hundred twenty-two thousand
(522,000) square feet.
c. District Three (3): This district is approximately forty-eight (48) acres in
area and is intended to support large-scale retail development with the
possibility of some mixed-use projects. The developer has also proposed
reserving an area of the District for future use by a local government to
address the provision of protective services (i.e. police, fire, emergency,
etc). The anticipated floor area within this district is approximately six
hundred six thousand (606,000) square feet.
The applicant is proposing a maximum of 1.114 million square feet of building
footprint far the entire property.
2. TRANSPORTATION: Access to the property is proposed to be as follows:
a. Three (3) driveway entrances along Buckhorn Road, and
b. One (1) driveway entrance along West Ten Road
The applicant is also proposing to develop several bicycle lanes and pedestrian
sidewalks throughout the development to make it more pedestrian accessible and is
proposing to have four (4) bus stops with passenger pick-up and drop-off areas.
3. UTILITY MANAGEMENT: The applicant is proposing to make numerous modifications to.
existing infrastructure to support this project that is outlined within application in
accordance with the existing water/sewer boundary agreement with the City of Mebane.
4. OPEN SPACE MANAGEMENT: The applicant is proposing a comprehensive open
space management plan that involves preservation of existing woodlands, the planting of
interior parking lot buffer, and the planting of vegetation along all proposed streetscapes.
5. OWNERSHIP AND MANAGEMENT: The applicant is proposing to develop deed
restrictions and covenants that will not only ensure the perpetual upkeep and
maintenance of all common facilities (i.e: parking, roads, landscaped area, open space,
etc) but ensure compliance with any and all conditions imposed as part of the project's
approval
As the BOCC is already aware, a PD/SUP project is processed in the exact same manner as all
Class A SUP application. With these types of projects, however, the BOCC will be required to:
1. Take action on the rezoning request to rezone the identified properties from: I-
85/Buckhorn Road Economic Development (ED) District and/or Rural Residential One
(R-1) to Buckhorn Village Planned Development Economic Development District (BVPD-
ED).
Action on approving or denying the rezoning application is considered to be a Legislative
decision made in accordance with the provisions of Article Twenty (20) of the Zoning
Ordinance.
2. If the application to rezone the properties is approved, the BOCC will then take action on
the PD/SUP application proposing the development of the property as a master planned
mixed-use commercial site.
Action on approving or denying the PD/SUP application is considered to be a Quasi-
judicial decision made in accordance with the provisions of Article Eight (8) of the
Zoning Ordinance.
FINANCIAL IMPACT: In terms of the review of this project, there will be no financial impact on
the County as existing staffing levels are sufficient to process the application.
With respect to the overall financial impact of the project on the County, a financial impact study
was commissioned by the County and has been entered into the record for consideration.
RECOMMENDATION(S): (Planning Board): The Planning Board approved a resolution at
their May 21, 2008 meeting recommending that the BOCC `postpone action on the application
until revised plans and additional information are submitted by the applicant in accordance with
these recommendations, and further recommends that the planning staff and Planning Board be
given adequate time and opportunity to complete necessary analysis and develop additional
recommendations.'
RECOMMENDATION(S): (Planning Staff): Planning staff has recommended approval of this
project based on the findings identified in Attachment One (1) of this abstract.
The BOCC will need to take the following steps with respect to processing this application:
1. Receive the Planning Board, and staff's, recommendation concerning this request
specifically:
a. Action on the rezoning petition, and
b. Action on the Class A SUP application.
2. Receive the applicant's response concerning the imposition of various conditions
identified by staff and the Planning Board concerning this project, and
3. Take action as deemed necessary to:
a. Approve the rezoning petition and/or the Class A SUP application,
b. Approve the application(s) with conditions, or
c. Deny the rezoning petition and/or the Class A SUP application.
based on the sworn testimony offered during the PUBLIC HEARINGS, the additional
information submitted by the applicant and members of the general public, and the
recommended findings as detailed by staff and the Planning Board.
RECOMMENDATION(S): (Administration): Administration recommends that the Board:
1. Receive into evidence all written materials presented to the Planning Board,
2. Receive Planning Board recommendations (Attachments Two and Three (b)) and staff
analysis (Attachments One (a) and (b) and Three (a)) regarding:
a. Article 20 Zoning Amendments;
b. Article 7 Planned Developments (PD);
c. BVPD-ED design solutions, items 1-14 except #11.
3. Direct the Planning Board to complete its work and provide its recommendations by June
12th:
a. To continue and complete work on additional conditions of approval not noted within
Attachments Three (a) and (b);
b. Complete their recommendations on Article 8 Special Use Permits and Findings of
Fact (Staff findings are in Attachments Three (a) and Four).
4. Adjourn public hearing to June 24th, 2008 at the Southern Human Services Center at
7:30PM