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HomeMy WebLinkAboutAgenda - 02-26-2001-c51 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 26, 2001 Action Agenda Item No, C 5 SUBJECT: The Preserve PD-2001-01 Planned Development DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1) Application 2) Agency Comments 3) Vicinity Map 4) Site Plans 5) Findings PUBLIC HEARING: (Y/N) 0 INFORMATION CONTACT: Eddie Kirk Extension 2582 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE; To receive evidence and citizen comment on a Rezoning (Planned Development) and Class A Special Use Permit Master Development Plan application far The Preserve. BACKGROUND: Re uest -Planned Develo ment Applicant: 1StAmerican Land • Six Hundred and Eleven (611) residential units proposed on a 470.87 acre tract. • Minimum residential density proposed is 1.89 du's/ac (R-3) • Maximum residential density proposed is 6.29 du's/ac (R-8). • 13.36 acres for Town Center (CC-3). - • 4.13 acres for County Services (CC-3). • 201..83 acres far Open Space. Location North side of Strouds Creek Road between NC57 and NC86 north of Hillsborough. Existing and Proposed„Conditions Existing: • Current zoning is Agricultural Residential (AR) (min. lot size ~ 40,000. sq. ft.) • Located in area designated as Rural Industrial Activity Node and Agricultural Residential in the Comprehensive Plan. Physical Features: • Strouds Creek runs along the south boundary of the property. Other smaller intermittent streams are located in areas designated for Open Space. • The site is entirely wooded with mixed hardwoods and pines. V Adjacent Land Use: • Properties to the west, east and north are medium to large acreage single family residential lots. • Property to the south includes the new Pathway elementary school, Mars Hill Baptist Church and proposed open space. Proposed: Roads: • Access is from Strouds Creek Road, a new public road constructed to state standards to provide access to the new elementary school off NC 57. • One major road, Pathway Parkway, is proposed to extend through the development and connect to Phelps road to the north. Roads providing internal access extend off Pathway Parkway. Other affsite improvements are proposed (see attached January 15, 2001 John R. McAdams letter). • All roads are to be constructed to NCDOT standards. Open Space/Buffers: • 201.83 acres (43%) total open space proposed. Open space is property designed for connectivity and buffering. • A 50 foot buffer is proposed around the perimeter of the property. A 75 foot buffer is required where R-8 adjoins the neighboring AR districts. • Approximately 200 acres of dedicated open space to the County. Water-Sewer: • Hillsborough Water system. • Hillsborough Sewer. Recreation: • North Hillsborough East Cheeks Community Park and Northern District Park • 33.91 acres of neighborhood recreation space proposed. • Developer proposing to dedicate approximately 200 acres to the County. Agency. Comments: • Comments ,attached from Orange County Environment and Resource Conservation Department, Sheriffs Office, NC Dept. of Cultural Resources, NC Wildlife Resources Commission, and NC Department of Environment and Natural Resources. • At time of mailout comments had not been received from Town of Hillsborough, NCDOT, and Emergency Management. Develo ment Process Schedule and Action RECOMMENDATION: Article 8.4.3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board. The public hearing is the time scheduled for presentation of the Zoning Ofi'ICer's recommendation. Zoning Officer's Recommendation The Zoning Officer has not received information which would establish grounds for making a negative finding on the general standards. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan for the physical development of the County. i 2 ~.~ ~ 1 3 The Zoning Officer has reviewed the applicatian, the site plan and all supporting documentation and has found that the application does comply with the specific standards and required regulations concerning the Rezoning, Planned Development and Special Use Permit. Provided the Planning Board and County Commissioners find in the affirmative on the general standards, the Zoning Officer recommends approval of the request for a Rezoning, Planned Development, and Special Use Permit for The Preserve subject to the following conditions: 1. Existing and proposed vegetation shall be installed and/or maintained as indicated on the Landscape plan. 2. The submitted draft homeowners association documents and restrictive covenants to address use and maintenance of the recreation and open space areas shall be reviewed and approved by the County Attorney. 3. Security shall be submitted by the applicant and approved by the County Attorney guaranteeing the construction of all improvements. Security may be posted on a Phase by Phase basis however, all improvements in each phase must be completed before construction may begin on a new phase. The amount of the security shall be 110 percent of the estimate. 4. Water and Sewer improvements shall be constructed to Town of Hillsborough standards. 5. ,All road improvements shall be constructed to NCDOT standards. a. Improvements proposed for NC 57 shall include widening the pavement to form a right turn lane 280 feet from the NC86 intersection with a 150 foot taper. b. Improvements proposed on US 70 Bypass shall include a 300 foot full right turn lane with a 150 foot taper. c. Improvements proposed on the NC 86 south bound lane shall include a full 180 foot straight lane with a 100 foof taper. d. Improvements to the north bound right turn lane on NC 86 shall include a full 200 foot lane with a 150 foot taper. e. Additional 2 lanes with divided road on north side of Strouds Creek Road. f. Design, purchase, and construct a 4 lane section of Strouds Creek Road to NC 86. 6. The Special Use Permit will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of County Commissioners as provided in section 8.4.11 of the Orange /1_..~1. _ 7-._.._ n I 1'~ 4 7. Prior to any deve/opmenf or disfurbance an the site, a modification to the Class A Special Use Permit must be submitted for final development plan approval which will include the final site development plan. Compliance with agency comments will be reviewed for each Parcel to be developed. $. An Access Management System shall be instituted on Strouds Creek Road with full median openings every 660 feet and right in and right out maximum every 330 feet. 9. No open burning is allowed. 1 D. All drive-in and drive-through Restaurants are prohibited. 11. If any candition of this Special Use Permit shall be held invalid or vaid, then this Special Use Permit shall be void in ifs entirety and of no effect. No decision on the application is made by either the Planning Board or the Board of Commissioners at the public hearing. Instead, the Planning Board has 3 regularly scheduled meetings within which to prepare and submit a recommendation to the Board of Commissioners or the Board of Commissioners may direct the Planning Board to provide a recommendation by a date certain. Failure of the Planning Board to submit a recommendation within the required time, the application shall be forwarded to the Board of Commissioners without a Planning Board recommendation. Administration Recommendation The Administration recommends that the application be referred to the Planning~8oard for a recommendation to be returned to the Board of Commissioners no sooner than May 15, 2001. ~` ~ N ~~ ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA Date: 6/22/00 The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested. The property is located on the South side of Phel s Road (street/road) between NC 86 and NC 57 It. is known as: 4.1.B.27, 4.2..2, 4.3..14B, 4.3..14 Orange County Tax Map, ~ Hillsborough-~ Township. It has a frontage of 180' on NC 57, and 350' on Phelps Rd. and a depth of 9,000 feet, and contains 20,511,097.2 _ square feet or 470.87 acres. 2. It is desired and requested that the foregoing property be rezoned from AR to PD-MU 3. The following information has been attached in support of the application for changing the Zoning Atlas (* -required on all applications). * a. A fully dimensioned map at a scale of not less than one (1) inch equals one-hundred (100) feet nor more than one (1) inch equals twenty (20) feet showing the land, which is proposed to be rezoned. * b. A legal description of the land proposed to be rezoned. * c. A statement of justification addressing one or more of the following: (1) The alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare. * (3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. * (4) All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment. including, but not limited to, documentation from service agencies (e.g. fire, police, rescue and utilities agencies) assuring services provision capability to the development c. A list of all individuals, firms or corporations awning property adjoining or within five hundred (500) feet.of the property sought for rezoning is attached. The list is current as of 3 ©~ ~B D p r I certify that all information furnished in this application is accurate to the best of my knowledge. Applicant(s): 15` American Land Edward 7. Bedford, Counsel and COO Address: 2514 Reliance Avenue Phone: Signature: 1'~ (FLEASE TYi E OR FRINT -INK ONLY) 8/. APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: 6/22/OU APPLICATION NU1ti1BER: PD- 2001 - 0~ l (We) request a Class A Special Use Permit as provided for in Article 7.Z.5 of th Orange County Zoning Ordinance for See attached list of uses The following information is provided in support of this request: A. PROPERTY INFORIVIATION: Street Address or Location: South of Phelps Road between NC 86 and NC 57 Orange .County Tax Ivlap 4.1.8.27, 4.2..2, 4.3..146, Block Lot(s) Township Hillsborougl~ and 4.3..14 Zoning Districts: Currently zoned AR; requesting rezoning to PD-MU Lot/Parcel Size: 470.87 ~ acres or 20,511,097.2 square feel Number of Existing Buildings: 0 Gross Floor Area: 0 square feel Number of Proposed Buildings: 0 Gross Floor Area; 0 square fees Water Supply: Hillsborough Public (Specify) Wastewater Disposal: Hillsborough Public (Specify) School District: Orange County Fire District: General Land Uses in Area: Rural residential; agricultural Critical Area: Yes Stream/Drainageway No Watershed (Specify) Other (Explain): B. SITE PLAN IiYFOR1VIATION: _ Community Individual Community Individual Hillsborough District/Orange Rural Fire Del Yes Flood Prone Are; No Historic 5i Twenty-six (26) copies of a Master Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and She following information: Copies of the applicable Orange County Tax Maps, one (1) copy with the property in question clearly marked: ~ ~~.~ rt The names and addresses of the property owner(s) and/or applicant(s), and the names and addresses of all persons owning property within five hundred (500) feet of the property in question. Application fee as set by the Orange County Board of Commissioners. Traffic impact study, as required by Article 13 of the Zoning Ordinance. Environmental assessment I (We) the applicant(s) hereby certify that the foregoing application and supporting documentation is complete and accurate, I understand that it shall be my (our) responsibility to present evidence to the Board of Commissioners in the form oFtestimony, ~shibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit, S' American Land, by Edward 1. Bedford, General Counsel and COO APPLICANT SIGN~UREfS)// / - DATE: 7 /e~Kl O~ NOTE: If the title to the above mentioned property is not in the name of the applicant(s), please include a letter from the owner(s) signifying approval of the request. Y ' ***********************~*~**1k***************~*~******************************************* FEES: Amount $ Date Paid: / / Receipt # r r F~7ic~ti4Q00 12: ~~ iST AMEritCAN LAND ~ 4812256 duly 24, 2440 Rabex~t i7avis F7ansccx III Ch~xtgc [aunty P.O.13vx 57.81 - Narth Carolina 2727$ NO.B'7~ 1~ The Pxrsct~ -- ~ Rc~anYnS to PD-MU Dear Mx. D~vix We, the unders~cd ~xp~~Y autlw~rizx Natelli Cammx~cities and/ar I'' ,~mericsn land, acting d~8~ ~ N~tclli, Mictcac3 Ae~ C'h'ick and/or Pdward J. ~Bedfaid tv submit ocir px~exty ix~ Dr~Sa city, which is part of the P~P~d sutactivtscvtt knowrtt a~ The pxesexvc, f~c~r re~rr~g tv PD"MU and to represent us thz+otigho~cit tho ~niztS az~d sp~~ rise pi'°cess' ~7~nk yvu for y~ ate.-tartce. vc~e2 ~~~~ Yv~sra truly, . ~ ~ 2 v~ Michatel Edwards Date RQSC G. Fdward~ Datc - t L' kt~~~~b Id:4y 151 f~MEFIIC~N. LAND ; 451~?56 r_ ~ tvq . B a ~~3 . july 24, 2000 ,Rabe:t Davis . Planrtr IT[ ' Orange County . P.O. Soa 8 ].$1 ' I~SLsiavx~ou,~h, North Carvli~ 27278 ~£: ~e Freserv~e - Pr4posCd Rcr+anin$ to Ps7-MU Dear Mr. p~tvis: wo, the ~«i expressly authorize rza~u~ co~nmtxnitics ~d./va' ~~ Srn~r~» ZA11G~~ ~}~ thlUll~l7 ~IthDA,}~ N MiC~1~Cl ~~ ~dW1CZC ~'iL~~Or Ectwsxrl J. Bedford to sabmit our prvpacty in i7ra~e CountY~ which ~ part of the prapaseti Subdivision ]IR'ZO~'a as Tht F~.,erv+e, £or ~$ to P,[?-MV aztd to represent us thxbugkwitt the rezoninS arrd special txse Px"°~''3- `Iha.:tk you for yau~ aaaistaiiCe. Youza truly, Apcxc No~tthwest ParGnash=p ~ ~~ J. MotcY~el Edwards ]7a ~F9~S Paxtr~cr .; r t ~~ THE PRESERVE Requested Uses All Development Parcels may contain the following public uses as necessary: Bus passenger shelter Parks, public and non-profit Public utility stations &sub-stations - Switching stations, telephone exchanges, water and sewage treatment plants Water and sanitary sewer pumping stations Recreational facilities (non-profit) All development parcels may contain models/sales offices during the development stage. . Develo ment Parcel 12A will consist of expansion area for Yfars Hill Baptist Church and may contain uses permitted in the AR District as follows: _ Accessory uses Church Development Parcel 13 will contain uses permitted in the AR District as follows: Undisturbed, dedicated open space Development Parcels 11 and 12. will consist of dedicated open space and may contain uses permitted in the R-1 District as follows: Accessory uses Recreational facilities (non-profit) Develo ment Parcel 7 will consist of neighborhood recreation areas and open space and may contain uses permitted in the R-1 District as follows: Accessory uses Recreational facilities (non-profit) Development Parcels 9 and 10 will consist of single-family neighborhoods and may contain uses permitted in the R-3 District as follows: Day care home, small Dwelling; single-family, without efficiency apartment Accessory uses p/ ~U® Development Parcel 8 will consist of a cluster neighborhood and may contain uses permitted in the R-=i District as follows: Dwelling; single-family, without efficiency apartment (attached or unattached) Dwelling; two-family Accessory uses Develo meat Parcel 5 will consist of a cluster neighborhood and may contain uses permitted in the R-~ District as follows: Dwelling; single-family, without efficiency apartment (attached or unattached) Dwelling; two-family Accessory uses Development Parcels 2, 3_and 4 will consist ofmulti-family neighborhoods and may contain uses permitted in the R-8 District as follows: Dwelling; multi_family (up to 8-units/acre) Accessory uses Development Parcel 1 will consist of a Town Center and may contain uses permitted in the CC-3 District as follows: Day care facility, other than large. day care home Dwelling; multi-family Accessory uses Community center Parking as principle use, surface or structure Schools, dance, art & music Animal hospitals, veterinarians Assembly facility (less than 300 people) Banks and financial institutions Beauty and barber shops - _ Health services (under 10,000 sq. ft.) Laundry and dry cleaning services Libraries . - Offices and personal services, that attract few customers or clients on premises other than employees, generate low traffic volume, have no adverse impacts beyond the space occupied by the building. Offices and personal services that generate medium traffic volumes and have no adverse impacts beyond the lot boundaries. Offices and personal services that generate high traffic volumes and have no adverse impacts beyond the Zoning District Boundary. Printing and lithography ~ '. Restaurants: carry-out . Restaurants: drive-in (limited) Restaurants: general ~.~ .•1.. ~ 1I ~ Retail trade, sales and rental of durable and convenience goods, merchandise and equipment, including mail order houses, where no adverse impacts occur beyond immediate space occupied by the building where: (A) Operations are designed to amact and serve few customers or clients on premises other than employees of the principle use. (B) Low volume traffic generation (0-200 trips/day). (C) All operations are conducted entirely within a fully enclosed building with no outside storage. Retail trade, sales and rental of durable and convenience goods, merchandise and equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of lot where the uses is located. (A) Medium traffic generation (200-800 trips/day) Retail trade, sales, rental of durable and convenience goods, merchandise and equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of the Zoning District. _ (A) High volume traffic (more than 800 trips/day) . Studio (Art) Special events (less than 1 ~0 people) Develo ment Parcel 1 A will consist of Orange County Services and may contain uses permitted in the CC-3 District as follows: Accessory uses Community center Government protective services (police and fire station}, rescue squads, volunteer fire departments Parking as principle use, surface or structure Schools, dance, art & music Government facilities and office buildings Libraries Special events (less than 150 people) Develo ment Parcel 6 is intended to consist of a day care facility and may contain uses permitted in the CC-3 District as follows: Day care Facility, other than large day care home Accessory uses Schools, dance, art and music Studio (art) Offices and personal services, that attract fe~v customers or clients on premises other than employees, generate low traffic volume, have no adverse impacts beyond the space occupied by the building. ~Ui 'lam THE JOHN R. McADAMS COMPANY, INC. THE PRESERVE STATEMENT OF JUSTIFICATION Orange County, North Carolina June 22, 2000 (Revised December 1$, 1000) The John R. McAdams Company, Inc., is pleased to present, on behalf of Natelli Communities and 151 American Land, rezoning and Special Use Permit applications for development of a mixed-use community in Hillsborough Township. Located just north of Hillsborough, the 470.87-acre site lies between NC 86 and NC 57. Western Bypass and Phelps Road provide direct access to the 5114'. Proposed Development The proposed mixed-use community will consist of 611 dwelling units (both single-family and multi-family); neighborhood recreational facilities; areas for commercial development (a small town center and daycare facility); areas for County facilities; expansion area far Mars Hill Baptist Church; and over 200 acres of dedicated apen space, greenways, and buffers. The development is master planned to integrate a wide range of housing types and levels of affordability, as well as the nonresidential uses needed to support and enhance the community. The mixed use nature of the development, which incorporates design concepts from the North Carolina Department of Transportation publication "Traditional Neighborhood Development Guidelines", will reduce the number of vehicle trips generated by the community's residents as well as the length of trip required for other Northern Orange County residents to reach commercial enterprises and other support services. The site is ideally located between two state highways. The design of the internal road structure is well integrated into the existing road network in order to facilitate traffic movement and to minimize the potential impact to the existing transportation system. Western Bypass cuts through the site, and when this public road project is complete, it will provide a direct route to US 70 and the Interstate. Several improvements to existing roads were suggested by NCDOT and will be constructed as a part of the proposed development. They include: • Improving the intersection of NC 86 and NC 57 by increasing the length of the right turn lane on north bound NC 86. • Improving the intersection of NC 86 and NC 57 by increasing the length of the left turn lane on southbound NC 57. • Improving the intersection of US 70 and NC $6 by increasing the length of the left turn lane on southbound NC 86. CIVIL ENGINEERING LAND PLANNING Sl1RVEYING ~~ ~ ~~~ l ! ~~ THE JOHN R. McADAMS COMPANY, INC. It is proposed that Hillsborough water and sewer serve the development. Service lines to the development will tie into the utility infrastructure built to serve the newly constructed Pathway Elementary School. The development will contribute to the cast of extending public water and sewer to the school. No County inventoried natural or cultural resources are located on the site. However, the master plan includes a substantial undisturbed buffer against the historic Quaker Cemetery, which is on property adjacent to the site. The master plan also includes undisturbed buffers along the floodplain associated with Strouds Creek and along the major drainage channels within the site. Other significant areas of natural woodlands will be preserved in private recreation areas and in the perimeter buffers of the site and the individual development pods. Rezoning and Special Use Permit The proposed rezoning is consistent with the Orange County Land Use Plan, which identifies the site as Agricultural Residential, a low density residential classification. A rezoning from Agricultural Residential (AR) to Planned Development -Mixed-Use (PD-MU) is requested in order to provide open space, reduce lot sizes, vary housing types, allow for flexible design standards (including the provision of a town center and a County services facility), and to permit a nearly 200-acre land gift to the County. However, the proposed dwelling unit density is less than the maximum density permitted in the AR District under the flexible develapment standards. The proposed rezoning also will achieve specific goals identified in the Land Use Plan. • Conservcrtion of Natural Rc~sourcc~s o Restrict or prohibit development in flood haaard areas. -The proposed master plan preserves 100-year .floodplain and significant drainage channels as open space. o Maintain and protect land which contains valuable resources. -The proposed master plan preserves significant areas of woodlands as open space. • Growth ]Management/Economic Develvpment o Designate land ti+~ithin Agricultural Residential areas that is appropriate fur small-scale commercial uses as Rural Neighborhood activity nudes. THE JOHN R McADAMS COMPANY, INC. -The proposed town center serves as a Rural Neighborhood activity node. • Provision of Adequate Hauling o Encourage the construction of a diverse range of hva~sing types. -The proposed development includes a wide range of housing types. o Discourage high-density residential development in rural areas of the Cvarnty. -The proposed development maintains the allowed dwelling unit density of the Agricultural Residential District • Provisia~ of rater and seti~~er lines in those areas that can be practically and efficiently served by these facilities. -Hillsborough public water and sewer lines have been e~ctended to the site, and were specifically sized to handle the additional service capacity of the proposed development. . • Ens~rre n:aximtrm availability a~~d use of recreational lanr.~ facilities, and open space land at bath the Cauntytivide and community level. o ,Locate parks and recreational facilities close tv residential areas to reduce long trips for recreative purposes. -The land to be dedicated as open space and the community recreational facilities will be located immediately adjacent to residential areas. o Require developers to provide for adequate open spaces stiitabde far active/passive recreation in residential developments. -The proposed development includes dedication of over 2QQ acres of land for open space, buffers, and greenways. -The proposed development includes over 30 acres of privately owned non-profit recreation space. • Ensure full and equal educational opportunities for the residents of Qrange County. o Requite residential developers to set aside an adequate amount of acreage tv »teet facture school facility needs. ., ... ~f,, ~lliC-~ J~/.~ ~~,~ ; ~E JoxN R ~~~~s co~~ arc. -In anticipation of the proposed development over 18 acres have already been deeded to the Orange County Board of Education and is being used for the construction of Pathway School. As required by the Orange County Zoning Ordinance, a Special Use Permit is applied for concurrent with the rezoning request for approval of the proposed PD- MU Master Plan. If approved, the Master Plan will allow future development applications (individual Special Use Permits and Subdivisions) to proceed for the various land uses designated within each of the plan's development parcels. As proposed, the Master Plan meets the required Special Use Permit findings as follows: 1. The use will maintain or promote the public health, safely, and general welfare, if located K~Izere proposed and developed and operated according to the plan as submitted: The master plan is designed to meet, and in some instances exceed, Orange County's development regulations. All land use intensity requirements will be met; approximately SO% of the site has been or will be dedicated to the County or preserved as open space and recreation areas; streams will be buffered with natural woodlands; and vegetated buffers will be provided along the development's perimeter. In an effort to enhance County services, a school site already has been dedicated to the County Board of Education and the Master Plan includes a site for County facilities adjacent to the Town Center. Additionally, the developer is participating in the cost of infrastructure to serve the school and will provide the infrastructure necessary to support the proposed County facilities site. The proposed development is strategically located with access to major thoroughfares, including Western Bypass. As detailed above, the developer proposes to construct several improvements at the intersections of NC 86 and NC S7 and NC 86 and US 70 in order to further facilitate the flow of vehicle traffic to and from the site. Z. 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 cvntiguous property); It is anticipated that the proposed development will enhance the value of contiguous property. As detailed in. this statement, the project was designed to meet or exceed all applicable land use regulations and policies. Further, the project is a master planned community with restrictions that control the quality of development. Anaw 1 ~' ~ ~ A Since 1979 THE JOHN R McADAMS COMPANY, INC. 3. The location and character of the use, if de~~c~loped according to the plan submitted, Neill be in harmony ti>>ith the urea in tirhich it is to be located and the use is in compliance tit~ith the plan for the physical development of the County as embodied in these rega~lations or in the Comprehensive Plan, or portion thereof, adopted by the Board of Catinty Commissioners. The site is an appropriate location for the proposed development. The number of dwelling units within the development does not exceed the maximum allowed under the existing zoning classilacation and conforms to the Orange County Land Use Plan designation of the site as agricultural residential, a land use category of low density residential development. Additionally, the inclusion of nonresidential uses within the proposed community supports the Land Use Plan goal to provide for small-scale commercial uses in rural areas. With regard to the standards specific to planned development mixed use projects, the following findings can be made. • Buffers are provided along the perimeter of the development and all land uses are oriented internal to the community in order to ensure against potential negative impacts to adjacent properties. • While the proposed mix of uses are well integrated; the master plan is designed to insulate the residential neighborhoods from through traffic and nonresidential uses. • The mixed use nature of the project will reduce the number of vehicle trips to and frorr~ the development that are generated by the community's residents. Approximately $5% of the residential units are. within walking distance of the Town Center. • The development is located within an existing network of major thoroughfares and is adjacent to Western Bypass. The proposed internal road system includes a through road or parkway that will run the length of the development and provide access to minor neighborhood streets and nonresidential uses. The development is in a prime location to be served by mass transit at the time that it is available to northern Orange County. Conclusion The proposed development and requested rezoning and Special Use Permit are consistent with the goals of the Orange County Land Use Plan and the requirements of the Zoning and Subdivision Ordinances. If approved, the PD-MU zoning designation and Special Use Permit will allow development of a local community, not just residential neighborhoods, and will relieve some of the burden placed on the Tawn of Hillsborough to provide for commercial and other ~_~ ~ ~ ~ C~ r Si~u~c~ 1979 ., II THE JOHN R McADAMS COMPANY, INC. service needs of northern Orange County. The sensitive design of the development ensures that the project will be compatible with the surrounding area as well as an asset to Orange County. ~..~ .. THE JOHN R. McADAMS COMPANY, INC. Dawn Davis Heric, AICF Director Land Planning Group MEMORANDUM October 3, 2000 To: Craig Benedict Orange Cou1n;(ty~Planning Department From: Dawn Heri~AICP Re: The Preserve NAT-00000 As you requested, we have assessed the number of dwelling units within walking distance of the Town Center. For the purposes of this study, we have made the assumption that most people would feel comfortable walking between %z -'/a of a mile to the Town Center. We have determined the following information based on this assumption: - 372 units within'/Z mile of the Town Center. - ].SO units within'/a mile of the Town Center. Combined we have a total of 522 units within 3/.~ of a mile of the Town Center, or 85% of the development within walking distance. Please feel free to call with any questions. CIVIL ENGINEERING LAND PLANNING SURVEYING PO Box 14005 Research Triangle Park, NC 2709 (91 91 361-5000 fax (9191361-2269 ~9~ :I ~'~~-'~= THE JOHN R. McADAMS COMPANY, INC. Da«~n Da~~i~ H~ric, AICP Director Land P!annir~j ,;roux MEIVIOR.ANDUM October 3, 2000 To: Craig Benedict Orange County Planning Department From: Dawn Heric ~~ Re: The Preserve NAT-00000 As you requested, eve have made some preliminary school enrollment projections for The Preserve. The projections are very simplistic and based on the project proceeding in regular increments from a starting year of 2002 until completion in 2010 (the build-out year used in the Traffic Impact Analysis). Our projections are based on "Economic Impacts of Residential Construction" by Dr. 1Vlichael Walden, a study commissioned by the North Carolina Home Builders Association, which establishes rates for projecting school enrollment. For determining percentages of students attending elementary, middle and high schools, we used your method of assigning 50% to elementary school and 25% each to middle and high schools. The Walden study identifies the ratio of school-aged children per household to be 0.33. This number is derived from 1990 Census information for the Triangle area, which considers not only the ages and number of children per household, but also the number of children that are home-schooled or attend private school. Total Number of Dtivellina Units .................................................................... 611 Begin construction .........................................................................................2002 End construction ............................................................................................ 2010 Number of Units constructed per year ............................................................ 76.3 Number of children added to public school system per year ........................ 25.2 Elementary .................................. 12.6 Middle ..........................................6.3 High ............................................... 6.3 Total number of children added to public school system ................................201.6 CIVIL ENGINEERING LAND PLANNING • SURVEYING ;. ~ s, !'~:~ ,;~,~ .~ ~~E Joy ~. ~~~~vrs co~~ arc. i~[EtiIOItANDUI~i Craig Benedict October 3, 2000 Pace Two Phase let me know if you have any questions. I am also interested in your thollght5 as to how we address the issue of whether or not public schools can adequately serve the projected number of students. I have read through the SAPF report and proposed Ordinance, but am not clear as to how we (or if we have to) address this issue during the application process. I loot: forward to hearing from you concerning this matter. Thanks for your continued assistance. I /0-3- i ~ .; The Preserve Orange County North Carolina Description of Property NAT-00000 Those certain tracts of land, situated, lying and being at Hillsboro Township, Orange County, State of North Carolina. Being the following tracts of land shown as Tax Map 3 Lot 14, 14A and 14B, Tax Map 4 Block B lot 27, Tax Map 2 lot 2, and Tax Map 2 lot 3 C, of Hillsbora Township; more particularly described as follows: BEGINNING at a point in the centerline of North Carolina Highway 57 at the corner with Annie D. Freeland thence North 88°22'32" West 1210.92 feet to the corner with Randolph and Eva P. Brown, thence North 86°36'00" West 805.51 feet to the corner with Nina Ruth Ferguson thence North 00°06'00" West 137.00 feet to a point, then along a branch the following courses and distance. North 12°35'00" West 217.55 feet, North 15°04'00" East 75.34 feet, North 41°11'00" East 123.60 feet, North 13°49'00" West 189.52 feet, North 04°33'00" East 111.58 feet and Narth 56°40'00" West 115.40 feet to a point, thence North 25°08'00" West 266.36 feet to a point, thence North 25°08'00" West 247.75 feet to a point, thence North 00°47'00" East 1702.86 feet to the Garner with John T. Horne thence South 89°31'19" West 448.02 feet to the corner with Ray and Bruce Lucas, thence North 00°33'25" East 1459.08 feet to the corner with George Tate Subdivision as recorded in Plat Book 18 page 126, thence North 0°05'03" East 1453.50 feet to the corner with William E. Whitted thence South 89°00'47" East 1726.50 feet to the corner with J. Michael Edwards thence South 89°08'41" East 181.37 feet thence North 00°42'48" East 1102.47 feet to the corner with Edmond L. Way, thence South 89°36'29" East 1169.55 feet to a point, thence North O1°09'32" East 933.49 feet to a corner with Kenneth G. Bailey and May Hines Kenyon Estates, thence South 88°46'24" East 1385.83 feet to a corner with Patricia K. Wells, thence North 06°02'48" East 475.69 feet to a point thence North 03°52'43" East 524.84 feet to a point in the centerline, thence along and with said centerline South $6°07'17" East 138.96 feet thence 194.96 feet along the arc of a simple curve to the right having a radius of 1850.00 feet, a length of 194.96 feet and a chord of South 83°06'23" East 194.87 feet to the corner with Stephen F. Kelly, thence South 02°13'39" West 972.76 feet to a point, thence South 01°12'13" West 682.77 feet to the corner with Leroy J. Miller, thence South 00°03'23" East L~ 4. 1759.88 feet to the corner with T. Marvin Phelps, thence South 00°02'26" East 380.14 feet to a point, thence North 88°51'43" West 1773.31 feet to a point, thence South 02°25'05" West 1058.47 feet to the corner with J.J. Freeland Heirs, thence North 89°23'41" West 953.00 feet to a point, thence South 00°23'28" East 977.OQ feet to a point, thence South 80°47'58" East 826.65 feet to a point, thence South O1°06'56" West 951.82 feet to the North West corner of the "Quaker" Cemetery thence South 03°11'48" West 522.68 feet to a corner with James Rogers, thence South 88°37'30" West 75.18 feet to a point, thence South 02°34'16" West 249.07 feet to a point, thence South 02°34'16" West 199.72 feet to a point on the Northern right-of--way of Western Bypass, thence South 88°3T 13" East 246.03 feet to a point in the center line of North Carolina Highway 57 thence with said centerline South 14°53'33" West 103.09 feet to the corner with Mars Hill Baptist Church, thence North 88°38'56" West 365,87 feet to a point, thence North 88°33'28" West 234.89 feet to a point, thence South 11°40'22" West 863.12 feet to a point, thence South 88°33'28" East 550.30 feet to a point in the centerline of North Carolina Highway 57 thence along said centerline South 14°48'40"West 178.27 feet to the point and place of Beginning. Less and Except that certain parcel of land now or formerly Pathway School shown as Lot A on plat recorded in plat Book 83, page 85 of the Orange County Registry, containing 18.13 acres and being mare particularly described as follows: COMMINCING at a point on the Southern right-of--way of Western Bypass, said paint being in common with the eastern line of Nina Ruth Ferguson and the Northwest corner of Lat B of the Apex Northwest Partnership; thence along said right-of way along the arc of a simple curve to the right having a radius of 1150.00 feet, a length of 173.75 feet and a chord of North 72°36'23" East 173.75 feet to the point of Beginning; thence continuing along said right-of--way along the arc of a simple curve to the right having a radius of 1150.00 feet, a length of 2626.69 feet and a chord of North 83°29'03" East 262.12 feet to a paint; thence South 89°58'19" East 547.97 feet to a point; thence along the arc of a simple curve to the right having a radius of 1450.00 feet, a length of 227.53 feet and a chord of South 8S°28'35" East 227.30 feet to a point at the corner of Lot B of the Apex Northwest Partnership; thence along the line of said Lot B South 07°25'25" West 903.74 feet to a point; thence North 84°24'03" West 773.65 feet to a paint; thence North 10°23'01" West 822,61 feet to the Point of Beginning. ~~R The above description contains 470.9 acres more or less and is compiled from plats and, deeds of record and intended to describe those parcels of land as shown on drawings entitled "orange County Planned Community" Rezoning Exhibit sheets 1-6 prepared by The John R. McAdams Company, Inc., dated June 15, 2000 .~ ~'~ .. 500' Buffer Notification List The Preserve, Orange County, NC December 2$, 2000 NAT-00000 2.47..16 4.lA.B.16 Stephen F. & Patsy Kelly Anne Gilliams 3904 Hulon Dr. PO Box 41 Durham, NC 27707 Hillsborough, NC 27278-0041 4.1.B.26E 4.lA.A.17 Blaine & Marcia Kessinger Malvina Watson 923 Split Rail Lane 3467 DeKalb Avenue Hillsborough, NC 27278 Bronx, NY 10467-2310 4.1.B.1 4.lA.B.17 Ray Anthony Lucas George & Esther Tate, Jr. Bruce E. Lucas 342 West Rosemary Street 2111 Hwy. 86 N Chapel Hill, NC 27514 Hillsborough, NC 27278 4.1A.A.18 4.lA.B.13 George & Esther Tate, Jr: Esther Generette 342 West Rosemary Street 199 Salandy Drive Chapel Hill, NC 27514 Houston, DE 19954 4.lA.B.18 4.lA.B.14 George & Esther Tate, Jr. Anne Margaret Gilliams 342 West Rosemary Street PO Box 41 Chapel Hill; NC 27514 Hillsborough, NC 27278-0041 4.lA.A.19 4.1 A.A.1 S George & Esther Tate, Jr. Paul G. & Diane Thompson, Jr. 342 West Rosemary Street 2218 NC $6 N Chapel Hill, NC 27514 Hillsborough, NC 27278 4.1 A.A.20 4.lA.B.15 George & Esther Tate, Jr. Anne Gilliams~ 342 West Rosemary Street PO Box 41 Chapel Hill, NC 27514 Hillsborough, NC 27278-0041 4.2..1 4.1 A.A.16 Thomas M. & Margaret W. Phelps George & Esther Tate, Jr. 2400 NC 57 342 West Rosemary Street Hillsborough, NC 27278 Chapel Hill, NC 27514 .. 500' Buffer Notification List The Preserve, Orange County, NC December 28, 2000 NAT-00000 4.2..10 4.1.B.26L Leroy J. & Helen N. Miller Walter G. Miller 2506 NC 57 Donna A. Cantrell Hillsborough, NC 27278 915 Split Rail Lane Hillsborough, NC 27278 4.1.B.26A Ricky W. & Teresa L. Steele 4.1.B.26M 818 Split Rail Lane Edmond L. & Carolyn F. Way, Sr. Hillsborough, NC 27278 PO Box 868 Hillsborough, NC 27278 4.1.B.26C Timothy J. Albaugh 4.1.B.26P 920 Split Rail Lane Teresa W. Underwood Hillsborough, NC 27278 901 Split Rail Lane Hillsborough, NC 27278 4.1.B.26B Edwin D. & Lillian C. Moore _ 4.1.B.27 PO Box 1386 J. Michael & Rose G. Edwards Hillsborough, NC 27278 1220 Upchurch Deadend Raad Morrisville, NC 27560 4.1.B.26E Blaine Kessinger 4.1.B.28 923 Split Rail Lane William E. Whitted Hillsborough, NG 27278 403 Split Rail Lane Hillsborough, NC 27278 4.1.B.26D Ken & Stephany Weston 4.1.B.2$A 931 Split Rail Lane Albert R. & Phyllis A. Latta Hillsborough, NC 27278 7671 Caber Rvad Brown Summit, NC 27214-9601 4.1.B.26H Kenneth G. Bailey 4.2••2 927 Split Rail Lane J. Michael & Rose G. Edwards Hillsborough, NC 27278 1220 Upchurch Deadend Road Morrisville, NC 27560 4.1.B.26K Derun Ren 4.3..13 & Jian Shi John T. & Billie Horner 934 Split Rail Lane 1721 NC 86 N Hillsborough, NC 27278 Hillsborough, NC 27278 Anna 7 _ . 500' Buffer Notification List The Preserve, Orange County, NC December 28, 2000 NAT-00000 4.3..14 4.3..16C Apex Northwest Partnership Robert & Ruth Ferguson c/o T. Huang Revocable Trust 2608 Hawtree Dr. 2600 Croasdaile Farm Pkwy. Raleigh, NC 27613 Durham, NC 27705 4.3..14A 4.3..16B Orange County Robert Dean Ferguson Board of Education 2 Melstone Turn 200 E. King Street Durham, NC 27707-3451 Hillsborough, NC 27278 4.2..3A 4.3..14B Luther & Patsy Wells Apex Northwest Partnership 1501 Phelps Rd. c/o T. Huang Hillsborough, NC 27278. 2608 Hawtree Dr. Raleigh, NC 27613 4.2..3B Mark D. Wells 4.3..15 1401 Mason Kenyon Road Mars Hill Baptist Church Hillsborough, NC 27278 Rt. 2, Box 1234 Hillsborough, NC 27278 4.2..3D James R. & Barbara H. Kenyon 4.3..15A 1223 Phelps Rd. Mars Hill Baptist Church Hillsborough, NC 27278 Rt. 2, Bax 1234 Hillsborough, NC 2727$ 4.4..1 Annie Dunnagen Freeland 4.3..16 1700 NC 57 Robert & Ruth Ferguson Hillsborough, NC 27278 Revocable Trust 2600 Croasdaile Farm Pkwy. 4.S.B.IA Durham, NC 27705 Eva Brown, etal. & I:anie B. Powell 4.3..16A 1101 NC 86 N Ruth Ferguson Hillsborough, NC 27278 2600 Croasdaile Farm Pkwy. Durham, NC 27705 4.2..3C Patricia K. & Luther Wells 1501 Phelps Rd. Hillsborough, NC 27278 ~• ~~~ „___ ~Q® _ . 500' Buffer Notification List The Preserve, Orange County, NC Dece~anber 28, 2000 NAT-00000 4.4..6 4.4..2 J. Freeland Heirs Ira S. Chrimson 1900 NC 57 & Patricia Workman Hillsborough, NC 27278 1601 NC 57 Hillsborough, NC 27278 4.2..9 Stephen F. & Patsy L. Kelly 4.4..3A 3904 Hulon Dr. James W. & Barbara C. Rodgers Durham, NC 27705 1612 NC 57 Hillsborough, NC 2727$ 4.1.B.7 Charlie W. Torian PO Box 273 Hillsborough, NC 27278 4.4..5 Quaker Cemetery 4.4..4 Annie Dunnagen Freeland 1700 NC 57 Hillsborough, NC 27278 4.2..7B Cara Dawn Thomas William J. Snead 3010 Hundred Acre Lane Hillsborough, NC 2727$ 4.2..7C Bonnie C. Carneal 1418 Phelps Road Hillsborough, NC 27278 4.2..7H Bonnie C, Carneal 1418 Phelps Road. Hillsborough, NC 27278 .. Pave Q ~~~ THE JOHN R McADAMS COMPANY, INC. January 15, 2001 Mr. Vance Barham, Division VIl Traffic Engineer North Carolina Department of Transportation 1584 Yanceyville Street Greensboro, NC 27415 Re: The Preserve Orange County, NC NAT-00000 Dear Mr. Barham: Enclosed you will find three (3) copies each of schematic drawings indicating certain proposed improvements relative to the referenced project. After careful consideration by the project Owner, and in response to the discussion at your office on Friday, December 15, 2000 we are suggesting .the improvements indicated by the attached drawings and summarized as follows: ^ SB Highway 57, Extend 5traight/Right Turn Lane at NC Highway $6 ^ NB Highway 86, Extend Right Turn Lane at Highway 57 ^ SB Highway 86, Extend Left Turn Lane at US Highway 70 Existing left turn lane storage on NC Highway.57 at Western Bypass appears adequate. Turn lane storage lengths are based on preliminary recommendations from our Traffic Engineering Consultant Martin/Alexiou/Bryson. Please review this information and contact our office to discuss further. We would like to reach agreement with the Department as early as possible so that we may continue with the Orange County approval process. CIVIL ENGINEERING • LANG PLANNING SURVEYING ~_ ~~ Mr. Vance Barham, Division VII TrafEc Engineer January 16, 2001 Page Two Thank you in advance far your continued assistance in this matter and if you should have any questions, phrase do not hesitate to contact our office at (919) 361-5000. Sincerely,. THE JOHN R. McADAM5 COMPANY John .Michael, PE Project Manger E~-closure cc: Robert Davis, Orange County Planning Tony Natelli, 15t American Land Ed Bedford, 15t American Land David Goracke, 15` American Land George Alexiou Dawn Heric -r ~~~ ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Craig Benedict, P/arming Director From: David Stancil, ERCDirector Rich Shaw, Land Conservation Manager Margaret Jones, Resource Conservation Technician Date: February 12, 2001 Subject: "The Preserve" Subdivision Our staff has completed an evaluation of the property proposed for dedication to Orange County for parkland and open space by the developers of "The Preserve" subdivision (Hillsborough Township). The evaluation is based on two site visits (January 26 and February 5, 2001) and a review of resource information available for this property, including aerial photography, topographic maps, FFMA floodplain data and National Wetland Inventory maps. The subject property includes three parcels (total 200 acres) referenced on the Master Plan (9/11/00) as #11 (176.89 acres),#12 (12.44 acres), and #13 (iD.76 acres). Another 1.74-acre parcel (#12B) is also shown on the Plan as "dedicated open space," but we presume that area would serve as a buffer between the residential development and the Quaker Cemetery and would not be dedicated to the County. Parcel #11..(177 acres This large parcel is located in the far northern section of the proposed subdivision. Access to the parcel is from the south side of Phelps Road from which an unimproved roadway cut has been created along the proposed alignment of the future "Pathway Parkway." The entire parcel is wooded except for the northern entrance where trees were recently harvested (clear-cut), creating an open area approximately 250 feet wide and 2,000 feet long. The linear entranceway has Lignum soils, which have limited use due to wetness and slow permeability-low potential for urban uses; medium potential for most forms of recreation. A 40-foot buffer of trees (pines) was retained along Phelps Road, and wooded bufFers remain along the eastern property boundary. Remnants of an old roadway or cart path were observed along the eastern boundary of this open entranceway. Sections of this path are lined with mature trees and ~~ could be made into an atkractive entry walkway or bike path into a future park. A large pasture abuts the property to the east and could create a vista for people entering the park property along a walkway or bikeway. A 30-foot buffer of trees protects a perennial stream that flaws from north to south and parallel to the proposed northern entrance roadway. This is one of several streams that flow through this property in a southeasterly direction and eventually . into Strouds Creek. Although this property is not in a water supply watershed, Neuse River buffer rules apply to all streams (30-foot undisturbed buffers required), all of which have been identified and flagged by the developer's consultant. The topography slopes gradually from a high of 670 feet in the northwest section of the parcel down to 620 feet along stream corridors, which are parallel to southern and eastern boundaries. The stream corridors could be suitable for low-impact recreation uses, such as hiking trails, picnic areas, and nature study. Some sections could be left in their natural state as wildlife corridors. Between the forks of intermittent streams, there is a central area (about 30-35 acres) with fairly level or gently sloping ground, which might be suitable for construction of active recreation fields [See Area A on attached map]. Soils are Herndon B class, which are well drained and have high potential for all recreation (and most urban) uses. This area is entirely forested with mixed--aged hardwoods (30-40" dbh) representing a typical dry to mesic Piedmont hardwood forest with oaks, hickory (some shagbark hickory) and tulip poplar. There are periodic downed trees, but overall the sub-canopy and shrub layers are sparse with an open and healthy forest appearance. The southwest portion of the property has moderate slope (6-10%) and includes sections of pine forest resulting from normal Piedmont secondary succession with trees approximately 25-30 years old. Soils are Herndon C class, which has medium potential for recreation uses because of slope. -A number of small streams (3-~' wide) flow from this area and join, a larger creek (6-8' wide), which flows from west to east slang the southern boundary. Portions of this area may be suitable for low- impact recreation (e.g., picnic areas and playgrounds). [Area B on attached map] An old home site with remnants of two stone chimneys and two outbuildings were observed in this area. Further evaluation by our historic planner would be advisable to assess whether the site contains significant cultural or archaeological resources. To the south of the larger creek referenced above, the land rises fairly rapidly to the southern properly boundary. This area (approximately 500-600 feet wide and 2000 feet long) has same of the oldest trees and healthiest-looking forest on the property,' and could be maintained as an intact natural area [Area C on map]. The property is bounded to the south by a vast open pasture, which is part of the historic Phelps Farm property. ~r +Ll.~ Overall, the property (Parcel #11) looks suitable for a combination of active and low-impact recreation uses It appears that there are 34-35 acres that have suitab/e soils and topography for active uses (i. e., playing fields), but further evaluation by the County Engineer and Rec. & Parks Director would be advisable. The streams and s/oiled topography a/ong the eastern and southern boundaries make these areas suitab/e for low-impact recreation with walking/hiking trails and natura/ areas. Parcels_#1?,and, #13 X23 acres These two parcels surround the new Pathways Elementary School located west of NC Highway S7 and south of Strouds Creek Road (identified as "Western Bypass" on the Master Plan). The eastern portion of the property (Parcel #12) can be accessed from Strouds Creek Road or from the backside of the school property. Parcel #12 is located between the School property to the west and the Mars Hill Baptist Church property to the east. It is bisected by a wide sewer line easement that leads from the School out to NC 57. We did not walk the interior of this property, but it appears to be entirely wooded. The land slopes from both sides toward the center of the parcel, funneling runoff to the south and into Strouds Creek. We have information that the parcel contains remnants of a significant old two-lane roadway that once led from today's NC 57 to the Faucette Mill area. Staff intends to make an on-site investigation in the next week or so. Parcel #13 is linear in shape and is essentially comprised of the riparian corridor containing steep slopes, Strouds Creek and associated 100-year floodplain. Overall, the property (Parcels #1Z and #13) has conservation va/ue as undeve/aped natura/ area and wi/d/ife habitat. Some of this area might lend itself fo un paved walking trails for school children to explore the natural area and learn about the p/ants and anima/s associated with Strouds Creek. Conclusion The 200 acres that are proposed for dedication to Orange County contain areas that appear suitable for a variety of active and low-impact recreation uses as well as some areas that might be best maintained in their natural state. The attached maps depict many of the features described in this evaluation. 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Crow, Director November 18, 2000 Robert P. Davis, Planner Orange County Planning & Inspections Department PO Box 8181 Hillsborough, NC 27278 Re: The Preserve, Hillsborough, Orange County, CHO1-E-0000-0237 Dear Mr. Davis: We have received notification from the State Clearinghouse concerning the above project. As noted in the environmental assessment, there are no recorded archaeological sites within the proposed project area. Based on the topographic and hydrological situation of the project along Stroud's Creek and its tributaries, there is a high probability that prehistoric archaeological sites exist in the project area. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. T~*rn copies c-.f the res>>lting archaeological survey report (and one copy of the appropriate site farms) should be forwarded to us far review and comment as soon as they are submitted by the consulting archaeologist and well in advance of any construction activities. These comments are made in accord with G.S. 121-12(a) and Executive Order XVI. If you have any questions regarding them, please contact Renee Gledhill-Earley, Environmental Review Coordinator, at 733-4763. Sincerely, David Brook Deputy State Historic Preservation Officer ocation Mailing Address Telephone/Faz AbMINiRTRATi(1N Sn7 N Rln„nr Cr kalriah Nf dFl7 Mail CP'.~i~A r"A~rA~ RalAi~h Nf ~7F44_dh17 !4141 7~i_d7Fi 7~3.RF5~ ~,~ NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL, REVIEW STATE NUMBER: 01-E-0000-0237 DATE RECEIVED: 10/13/2000 AGENCY RESPONSE: 11/15/2000 REVIEW CLOSED: 11/20/2000 MS RENEE GLEDHTLL-EARLEY CLEARINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION CC&PS - DEM, NFIP DENR LEGISLATIVE AFFAIRS 'DEPT OF CUL RESOURCES DEPT OF TRANSPORTATION TRIANGLE J COG PROJECT INFORMATION APPLICANT: Orange County Planning & Inspection beet TYPE: State Environmental Policy Act ERD: Environmental Assessment ~.~.. ~:..: i ~ ~ ~~ ~, ~~ `~~ DESC: Pursuant to the Orange County Local. SEPA Ordinance - Proposed Master Plan for a 470 Acre Planned Housing Development "The Preserve" in Hillsborough, NC The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date. Tf additional review time is needed, please contact this office at (919)$07-2425. A02 AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: ~~.~ ~ ~~~-'~- NO COMMENT ~ -~v~'~~.,~~-(r.P~'~`~'" . ~ ~. ~ 7c F ~~~~. COMMENTS ATTACHED ~L Q~ ~ (' ~ ~ ~ ~ l! ~~ ` SIGNED BY: ~! ~K.~-C.~ y DATE: /~ r nr,r . i, nrt- x r ,f' -: r: ' ~ -: _ ~ . '~,~ NORTH CAROLINA DEPARTMENT OF -_- _- __ ~'''~;~~r` ENVIRONMENT AND NATURAL RESOURCES ~ -~T' ^ ~~ .......~..~1 ~.. ~.~ _ NCDENR : __ ; - _ __ --~ .-.~-JAMES B. HUNTJR,}_-`••',~_i . ~• GOVERNOR - ~ _ ~""~ ' - ~ _ . MEMORANDUM , - _y .•~ ~~ =~ i$ECRETARY .~°.~'~ TD: Chrys Baggett ~;. ., --_ r-:':,r;~°~~ : .r" i'rr~~ ~~ ..~.::~ State Clearinghouse . -. , ~'~"' FRDM: Melba McGee . `~ Environments Review Coordinator :• -'~ RE: 01-E-0237 EA The Preserve 1" American Land, - _',~~~.:~ Drange County ~- ~~~;- ~ DATE: November l4, 2000 • ; .r. -_ i ~. 1'~.r. ..`j ~~'"•~ ... The Department of Environment and Natural Resources ha$ _ •.• .- -`~<'9 completed its review of the subject proposal. This ` t ~ department asks that careful consideration be given to the -.. , . attached recommendations. The applicant is encouraged to _ _ ' work directly with our agencie9 prior to finalizing project - _. y plans. - '~°~=~' '~ ~ Thank you for the opportunity to respond. . _. .r.,.... __-- - Attachments ,.__ _-...-: • ^ ° _ -. - 1 `} r - i ~ North Carolina Department of Administration James B. Hunt, Jr., Governor Katie G. Dorsett, Secretary November 20, 2000 Mr. Robert Davis Orange County Planning & Inspection Dept P.O. Box 8181 Hillsborough, NC 27278 Deax Mr. Davis: Re: SCH File # 01-E-0000-0237; Environmental Assessment Pursuant to the Orange County Local SEPA Ordinance -Proposed Master Plan fora 470 Acre Planned Housing Development "The Preserve" in Hillsborough, NC The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made by agencies in the course of this review. These comments should be taken into consideration during approval of this project. Best regards.. Sincerely, . ~~~._~ Ms. Chrys Baggett Environmental Policy Act Coordinator Attachments cc: Region J 116 West Tones Street Raleigh, North Carolina 27603-8003 Telephone 919-807-2425 An Equal Opportunity /Affirmative Action Employer NCWRC,HCP,FALLS LRKE TEL~919-528-9839 Nov 07'00 19 45 No,005 P.03 ~~ ~ I~ort~i ' .. _ _ ._. __, Carol~n.a Wildlife Resources Camxriission I~ Cl~arlea R Pullwnoil,~Exccurave Director MEM(aRANDUM TO. Melba. McCcc, Environmental Coordinator QI'(ice of Legislative and interga crnntental Affairs FRDM: Danielle R Pender, Piedmont Region Coordinator t lal7itat Conserv$don Pmgram DATE: 7 hlavcmbcr 20dQ SUDJrCT: Environmental Assessment for Master Plan fqr The Preserve, 1 `` American Land, HillShc~raugh 'lbwnslup, Orange County, Project No. O1E-0237 $inlubists with the North Carolina. Wildlife Resources Commission have reviCwed the subject Environmental Assessment. Our comments a~ provided is dccvrdancc with provisions of the Fish and V!/ildlife Coordination Act (48 5tat. 401, 0s amended; ]G U.S.L'. dbl et seq.), North Cmralina Lnuimnmenldl Policy Act {G.S. 113A-1 through 113A-10; 1 NCAC 25), and North Carolina Genera! Statues (G.5, 11~-]31 ct seq.). 1 g` American Land has prapc-sed a mastet• plan fora 47'0-acre Planned Development, The Preserve, loaatcd na~rth of iTillsbaraugh 8uijacent tQ the prepared Northern Bypass between NC 8G and NC 57. 'ir,~ site is in 4he Hillsborough Township atld i5 proposed to be on the 'l'awn of F~illsborouth water and sewer systems. Tho proposal is #q rezone the entire Traci from Agricultural Residential to Planned Development-Mixed Use with a Class A Slaecial Use Permit_ '1~1~; project consists afmulti-family, sittglo-family, limited commercial and public/institutianal uses, Fallowing conceptual approval of this proaect phase, each individual pod will return fir a modification to the Special Use Permit and subdivision approval as develapmen[ iti proposed. We arc primarily concerned with the proposed project's potential adv~e impacts to wildlife and f sh4rics habitats. The applicant indicates that the 100-year floodplain located along the southern boundary ~~f the site surrounding Strowd's Creek will ba dedicated as undisturbed open sprac:c/natural area; hc~wc;vCr, there is ttb mention of the acrers5e to be dedu:aled. The NCWRC~HCP~FALLS LRKE TEL~919-528-9839 ~ Nov 07'00 19~a6 No .005 P.04 ~~~ Pale 2 7 November 2UUU Master 1?lun, 'lhc Preserve PrajactNo. U1E-0237 applicant additionally indicat4~ that 2.1~ ages ofthe flaodplain will be ,given to the Mar: TIill Baptist Church. We discourage str~tl~eg Wig the ] ~-ycar floodplain and within Sd feet Of wctlAnds associated with tho 100-year flovdplain. _ Additional impervious surface ~sociated with residential, commercial, and industrial development and highway infrastl'tlCtuura results in increase stormwater runpfl'that can exert significant in,p~ts on stream marpholo~-. This will cau9e further degradatign of aquatic habitats through acceIeruted stxcam bank erosion. channel changes, bedload changes, altered substrates, and scouring of the strea,n channel. Studies have Shawn a serious decline in the health of receiving waters when 10-1 S9~ of a watershed is converted t4 impervious surfaces {Scheeler 1994), Additionally, the pollutants (e.g., sedim~t, heavy metals, herbicides, pesticidc;s, and fertilizers) washed fmm roads and urban landscapes ~~ adversely affect and extirpate sreeies downstream of developed areas. Struud's C'rcck is a major tributary of the Eno River, The waters of the Fna River provide important habitat for numerous rare species, iitrluditig the federal spCCieti of concern and State endangered green lluater (Lasmigana stebvirrdis) and the federal $gecios of concern and state tllreatcned Atlantic pigtoc {~uscanaia rncsoMS~ and yellow lampmussel (Lumpsilis curiosa). We recommend that the applicant contact the United States Fish and Wildlife Senriccs regarding endangered species issues for comments on this projecC. ~ Wo are additionally oUncerned with the potential effects to wildlife dua_to habita# fragxnentatiott With increased urbani~rxtion. We offer the fallowing reCOmtriCrtdltiorts to reduce impaclx tv fish and wildlifC resources. 1. A minimun150-list undisturbed, forested buffer should be maintained along all intermittent streams and wetland areas, while a minimum lt)O~foot undisturbed, forested buffer should be maintained along all peretlnial streams within the project urea. Maintaining undisturbed, forested buffers along these areas will minimize impacts to f Sh and wildlife resources, water quality, asluatic habitat both within and dawnstrefun of the project. arm, and help preveu# the extirpation of endangered and threatened species. i» addition, wide riparian buffers are helpful in maintaining stability of stream banns anci far treatment of pallutant.~ associated with urban stotmwater. 2. Tn addition to pr+.7lectinn of riparian buffers, r~ suggest that the Orange Gr~un#y strt-ngly discourage the in-fill a]' I UU-year floadplains for commercial or residential development. This process only increases the potential for flooding to adjacent properties and interferes with the natural laydrolagic process of the waterways. It also dis~pts the continuity o1' tn.igratic~n corridors for wildNfe. 3• ~~ c:onstructic~n of madways in new neighborhoods can probe short-lean dir~;ct impacts ~ wall a,~- tang-lean cumule~tive effects. It is suggested that the County work to redtlc;e irnpe~rvious stv!'aces to no morn than 7°l0, limit curb aid gutter in new dovelcpmer-tti, anti pravwnt duect discharges of atvrmwatcr into streams, Infiltration NCWRC,HCP,FALLS LAKE TEL=919-528-9839 Noy 0'00 19 47 No .005 P.05 page 3 ~~ 7 November 20QQ Master Plan, 'l~r Preserv~ Projcci No. 01 F..Q~37 dovelopm~~,ts, and prevent direct discharges of storrnwater into streams. Tnfiltrdtion practices (e.g., reduced mad widths, rain gardens, parking lot bioretentiart ~a,S, increased shcetflow instead of ditching, disconnect impervious areas} should he emphasized over detention ponds to maiatain predeyelopment hydrob*raphic conditions, includinb base flow during Tow flow conditions. ~• Require al] wetlands and streams on the si#g l4 ~ protected from impacts by placuig them in a pcmtanent conscrvaiaon easwnent to prohibit filling, gaining, i'7oading, and excavation. Additionally, lot owners should be advised ofthe Neu_ge River Buffer hulas, S. i.ocatc~ sewers and ~yther utilities as far away from Creeks as functionally possible and minimize stream crossings. It is preferable that sewers be Iocated outside the riparian but#ers, '171ank you fnr the opportunity to review~nnd cpt!>rriCtlt on this project proposal. If we can provide further assistance, please contact our office at (919} SZS-988h, LiteratGre L'ited: Schuelcr, Tum. 1994. The lmport~~ ol: imperviousness. Watershed Protection Techniques. 1:3 (pp 1 ~0-111). Cc: Garland Pardue, Supervising Biologist, U5FW5 Stephan I-Tall, Zoologist, Natural Heritage Program State of North Catrolina ~~~ Department of Environment and Natural Resources Reviewing emu: INTERGOVERNMENTAL REVIEW -- PROJEC'x' COMMENTS Project NumberLJ ~ Due Date: ARcr review of this project it has been determined that the ENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Ofliice indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. Nottnal Process Time (statutory time limit) O O d O d pE~~g Permit to construct & operate wastewater treatmrnt facilities, sewn system extentsions & sewtr systems aot discharging into state surface waters. NPD1=S =permit to discharge into surface water and/or permit to operate and conswct wastewater facilities discharging into state surface waters, ' Water Use Permit Well Construction Permit Dredge and Fill Permit SPECIAL APPLICATION PROCEDURES or REQIJIREI~tENTS Application 90 days before begin eottsttuction or award of construction contracts. On-site irtspeotion. Post-application technical ronferenee usual. Application 180 days before begin activity. On-site inspection. Pre-application conference usual. Additionally, obtain permit to contstruct wastewater treatmrnt facility-granted after NPDBS. Reply time, 30 days after receipt of plans or issue ofNPDFS pemtit-whichever is later. Praapplieation technical conference usually necessary Complete application must be received and permit ;^ 'ed prior to the irisnallatian of a well. Application copy must be served on each adjacrnt riparian property owner On-sits inspection. Pre-application contferrnee usual. Filling may require Easrntrnt to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit 30 days (90 days) 90-120 days (. UA) 30 days (N/A) 7 days (15 days) 55 days (90 days) Permit to construct Rc operate .4ir Pollution Abatement N/A 60 days facilities and/or Emission Sources as per 13 A NCAC (2Q.D100, 2Q.0300, 2H.0600j Any open burning associated with subject proposal must be in compliance with 1 S A NCAC 2D.1900 p Demolition or renovations of swctures containing 60 days asbestos material must be in compliance with I S A NCAC 2D.1 110 (a) (1) which requires notification and removal prior to demoli[ion. Contact Asbestos Convol N/A (9D ~Ys) Group 919-733-0820. O Complex Source Permit required under 1 S A NCAC 2D.O80D O The Sedimentation Pollution Convol Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sed'unentatien convol plan will be required if ono or more acres to he disturbed. Plan filed with proper Regional 01~ce (land Quality 20 days Sect,) At least 30 days before beginning activity. A fee of 330 for the first acre and 52000 for each additional acre or part must (30 days) accompany the plan. O The Sedimrntation Pollution convol Ad of 1973 must be addressed with respect to the referrneed Local Ordinance. (30 days) O 1v[ining permit On-site inspection usual. Surety bond filed with ENR, Bond amount varies t d 30 days er grea with type mine and number of acres of affected land: Any are mine than one acre must be permitted. The appropriate bond must be received (60 days) before Uta permit can be issued. Q North CarolinaBurning permit t)rr-sits inspection by N.C. Division Forest Resources if permit exceeds 4 days 1 daY (N/A) p Special Ground Clearance guming Permit • 22 t]tt-site inspection by N.C. Division Forest Resources requ'ved "if mare than ld b I ~Y (, I/A) counties in coastal N.C, with organic soils e five acres of ground clearing activities are involved. Inspections shou requested at least ten days before actual bum is planned" p OiI Refining Facilities N/A 90-120 days (I+1/A) p Dam Safety Permit ~ (f permit required. application 60 days before begin wnsiruction. Applicant must hire N.C. qualified engineer to: prepare plans, irtspect construction, ' certify construction is according to ENR approved plans. May also require 30 days permit under nxuquito convol program. And a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A (60 days)' minimum fee ofS200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will ba required ,i~r ~i pJ Normal Perocess Time (statutory time limit) PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS ^ Perntit to drill explorstery oil or gas well File surety bond of SS,000 with $NR runtring to State of NC conditional 10 days that any well opened by drill operator shall, upon abandonment, be N/A plugged according to 1TTR rules and regulations. ^ Geophysical Explorntion Permit Application filed with 1.NR at least !0 days prior to issue of permit. 10 days Application by letter. Na standard application form. N/A ^ State Lakes Consuuction Permit Application fees based on swcture size is charged. Must include descriptions 15-20 days & drawings of swcmre & proof of ownership of riparian property. N/A ^ 401 Water Quality Certification N/A 60 days (130 days) ^ CAMA Permit for MAJOR development 5250.00 fee must accompany application SS days (150 days) ^ CAMA Permit far MINOR development 550.00 fee must accompany application 22 days (25 days) ^ Several geodetic monuments are located in or treat the project area. If any monument need w be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687 Raleigh, NC 2761 I ^ Abando.~ment of any wells, if required must be in accordance with Title l5A. Subchapter 2C.0I00. ^ Notification of the proper regional office is requested if "orphan" underground storage tanks (LISTS) are discovered during any excavation operation. ^ Compliance with 15A NCAC 2H 1000 (Caasta! Stormwater Rules) is required. 45 days (N/A) * Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office mazked below. ^ Asheville Regional Office 59 Woodfin Place Asheville, NC 28801 (828)251-6208 ^ Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 (7 ) 663-1699 Raleigh Regional Office 3800 Barrett Drive, P.O. Box 27687 Raleigh, NC 27611 (919)571-4700 ^ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 395-3900 ^ Fayetteville Regiomal Office 225 Green Street, Suite 714 Fayetteville, NC 28301 (910)486-1541 ^ Washington Regional Office 943 Washington Square Mall Washington, NC 27889 ^ Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-4600 Department of Environment and lti'atural Resources ~ ~ Office of Legislative and Intergovernmental Affairs ~: ~ G~ ~ ~ 1 _ _ Project Review Form li Project Number: County: Dace Received: l Date Response Due (rum deadline): U i1• (~,_ ~~.~ This project is being reviewed as indicated below: ^~' ; l 2 ~ t I Regional Office Regional Office Area -', , : sir ` , In-House Review ^ Asheville Air ~~~ f ^ Soil & Water ^ Marine Fisheries ^ Fayetteville 'Water ^ Coastal Management ^ Mooresville ~l-Groundwater `Wildlife ^ Water Resources aleigh ~L,and Quality Engineer ~nvironrnental Health ^ Washington t7 Recreational Consultant ~'~'orest Resources ^ Solid Waste Mgmt ^ Wilmington ^ Land Resources ^ Radiation Protection ^ Winston-Salem Parks &: Recreation ^ Other Water Quality ^ Groundwater ^ Air Quality htanager Sign-Off/Rcgion: l Date' Ln-House Reviewer/Agency: ~`'/Z ~,l/~' Response (check all applicable) d No objection to project as proposed. ^ No Comment ^ Insufficient information to complete review , ,{ ,~~ ~ ) L I ,/ J QOther (specify ar attach comments) V 1,/~(Y~~ .,~-L.C ` ~" ~.~G't`~ (~'t-~J .,t` ~ ~ ~ ~~ ~ ~~~~'~-mss ~G(~ !~~ RETLiR~1 TO: Melba McGee Environmental Coordinator 19/16/2609 13:01 919?326403 ORANGE CO SHERIFF PAGE 61 ~* n. ~~ Office P.O. Sox 8181 -Margaret Lane HILLS80R~UGH Hillsborough, NC 27278 - 919 -732.$1 S1/64¢3050 of the Orange County Sheriff Lindy Pe>gdergrass, Sheri~~ `,~.,~ w o .* yt sa ~r it St Octot~ 5, 2000 To; RAbert Davis Orange County ptanz~ix~g Revere Road Hi1L~oroug}~ NC 27278 k'zom: ShexiufE'Lindy Pender~ass Re: 'The Preserve (lohn R McAdams Compan~r) proposed Dev~elo~nenE Hwy. 57 Hiusboxough Township Dear Mr_ Davis, On October 2, I received a request• for a letter fromi Aawn Heric, ]'vhn R 1VlcAdams Company, the developer of the Preserve, Highway 57, Orange County. Dawn l"Ieric left a copy ofthe preliminary plans for the project at the Sheriffs 0 -Vice. Z have looked at the plans and feel due to the size of this proposed developme>t Z will have to respond with rnlare than a `des we can" letter. Laolsing at the plans, this project will have over 640 homes, a large number of vff ces and businesses, which will generate a tat of calls for our patrol area # 13. From. the beginning we will be patrolling the project and protecting property (motor graders etc; after working hours). As soon as builditag construction begins we will be asked to protect materials and equipment an a regular basis. With the other duties already assigned tv this area, these additional responsibilities will require us to i~acrease our patrol sta~at the very least by a minimum of4 deputies and equiprrtent, including vehicles. This will be an additional cost far Prange Cau~aty and everyone needs to known this from the outset. When this development is completed for us to service the people properly in the Preserve, there should be a an increase of 4 more deputies and equipment. Asub-station should be built in this development for the people and deputies to meet and work out of ?0/16/2000 13:01 9197326403 GRANGE CO SHERIFF PAGE 02 ~4 I have compared this development size with that p£Southero Village, south of Chapel Hill. It looks as iiy at least to me that both are about the same in size and proportion, Based on the calls £or service generated and problems the development o£ Southern Village has placed on us since June o£ 1994, it is easy for anyone to see how we would need additional personnel. ,A sub-station or a~'iice in Southern Village at this tune certainly would be asset to us. I am also sure your ax@ aware, that. it was anticipated that Chapel Hi11 would annex dais area within two years a£the beginning date and is yet to do so. We also may have been misinformed but we were told this past month that it could be eighteen ;months ar two years before Chapel Hill actually annexes Southern Village. I say this because I am sure someday Hillsborough will annex this area, in the meaa~ time what do I da: Sincerely, r 4 ._ ~.0/1fi/2060 13;01 9197326403 GRANGE C[] SHERIFF PAGE 03 • ~~r 11~r. Davis I have a few figures far you to look at so you will lrnvw why we will need personnel and equipment. The enclosed data reflects all calls for service since January 1, 1986 until September 30, 2000 in the Southern Village area. _ Southe~a, Village Gid total calls: 3091 Total calls inside the Southern Village 837 Break-i~as g Larcenies 51 Damage to property 11 Arrests ~ Alarms 187 Suspicious conditions 31 Open doors 6 911 Hang ups 21 Loud Music 12 School 25 The above incidents a~ad calls only reflects a percentage of services to Southern Village. Our average time spent per rautix~e call is 45 minutes. This time includes driving to the call, completing the call (doing, whatever is necessary) and writing a report. 2 deputies most often are assigned to respond to alarms. 187 alarms times 90 minutes = 16, 830 minutes 16,530 minutes divide by 60 = 280,5 hours School traffic cvrttrol daily requires (1) deputy for 1.S hours to 2 hours Time for school duty 180 days x 2 = 360 hours .. Ordinance Requirements Planned developments must comply with general and specific standards as set forth in Article 8 for Special Uses as well as those set forth in Article 7 for Planned Developments. Article 8.2.9 b) requires written findings certifying compliance with the following: (1-. Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into two (2) sections which include: . la) Application components; and Ib) Specific standards for Planned Developments (Article 8.8.23 refers to Article 7 standards) and Special Uses (Article 8.2.4). (2) Other requirements as set forth in the Zoning Ordinance, including the provisions of Article 6 (Application of Dimensional Requirements). Listed below are the findings of the Orange Gaunty Planning Department regarding the application in question. The findings have been presented by Article and requirement to assist the Planning Board in its deliberations. ARTICLE 7.1$ - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS ("Yes" indicates compliance; "No" indicates non-compliance) ~~ PLANNING STAFF EVIDENCE SUBMITTED PLANNING BOARD FINDINGS TO SUPPORT FINDINGS FINDINGS FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT PERTAINING TO APPLICATION: PD-2001-01 The Preserve The following regulations and requirements apply to PD-MU: Planned Development-Mixed Use Districts. 7.18.1 PD-MU Districts: Defined, Intent, Where Permitted a) PD-MU districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9. Such districts are defined as planned development district for establishment of complementary groupings of residential, commercial and office uses. Where existing developments exist, or proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be rezoned to PD-MU status, and shall thereafter be subject to the regulations and requirements for such districts. x 'Yes No This proposal is for a mixture of uses as allowed in a Planned Development Mixed ' - Use District. There are no existing or previously approved developments in progress except the elementary school. Yes No ~r ARTIGLE 7.18 - PD-MU: PLANNED DEVELOPM@NT-MIXED USE DISTRIGTS continued ("Yes" indicates compliance; "Na" indicates non-compliance) PLANNING STAFF FINDINGS Ordinance Re uirements It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the Land Use Plan and the Orange County Thoroughfare Plan, and in close proximity to mass transit facilities, in accord with standards set forth herein. It is further intended that PD- MU development shall be in complexes within which mutually-supporting residential,. commercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally or- vertically: 1. That residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility; Or 2. That general commercial and service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by residents of the district, workers within the district, and visitors arriving by mass transit, and that commercial frontage is uninterrupted by residential or office uses; and EVIDENCE SUBMITTED TO SUPPORT FINDINGS x Yes No The proposal is to be located in an area designated Agricultural Residential and partial Rural Industrial Node in the Comprehensive Plan. It is proposed on the north side of Strouds Creek Road. It is not in close proximity to mass transit facilities. x Yes No A town center and county services are proposed to be mixed with residential uses to be mutually supporting and reduce traffic congestion. An internal pedestrian circulation system is proposed and mass transit is not available. x Yes No The residential uses are proposed on the north side of the Town-Center and County Services Area, away from Strouds Creek Road. Where multi-family lands do abut the Strouds Creek Road a buffer is proposed.. x Yes No The Town Center is located close to the multi-family areas to allow far convenient pedestrian accessibility.. It is also located close to Strouds Creek Road.. PLANNING BOARD . FINDINGS Yes No Yes No Yes No Yes No ~~~ ARTICLE 7.18 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS Icontinuedl ("Yes" indicate's compliance; "No" indica#es non-compliance) ~- T Ordinance Reauirements PLANNING STAFF EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 3. That major office uses be so Yes No There are no primary office located as to be convenient to x N/A uses in this proposal. mass transit. Where such districts adjoin residential neighborhoods, it is intended that arrangement of building uses, open space and vehicular access be such as to provide appropriate transition and reduce potential adverse effects. b) Permitted Principal Uses and x Yes No Permitted uses shall Structures. correspond to the appropriate Permitted Principal and zoning district as specified in Accessory Uses and Structures Article 4 and meet shall be according to Article 4 corresponding requirements. and the corresponding zoning Certain uses may not be districts for the residential uses compatible or appropriate for in a PD-MU district. The some areas. commercial uses in a PD-MU shall be . according to Community Commercial District in Article 4. In addition applications for amendments to PD-MU district may be denied if the proposed district does not contain facilities deemed complementary and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location proposed because of the character of the surrounding development and/or zoning. c) Permitted Accessary x Yes No Permitted accessory uses will Uses and Structures be constructed that are Uses and structures which are incidental to the permitted customarily accessory and principal uses. Only those clearly incidental to Permitted accessory uses shown on the Principal Uses and Structures development site plans are shall be permitted in this permitted. A blanket district. approval of accessory uses is not permitted. PLANNING BOARD FINDINGS Yes No Yes No Yes No ~~~ ARTICLE 7.18 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS Icantinued~ ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF EVIDENCE SUBMITTED PLANNING BOARD FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements d) Land Use Intensity Ratings x Yes No Land Use Intensity ratings Yes No and Related Requirements and land area for each The same requirements and district is indicated. limitations set forth at Article 5 for PD-H districts shall apply to PD-MU districts, with the following adaptations for uses other than residential: 1. Gross Land Area Gross land required for formation of the district shall include land for all uses within the district, rather than land for residential uses only. 2. Floor Area x Yes No Maximum floor area for each Yes No Floor area, as limited by district is indicated. application of the floor area ratio to land area, shall include total floor area, less exclusions generally permitted, rather than residential floor area only. 3. Pedestrian and Landscaped x Yes No Minimum pedestrian Yes No Common Areas landscape requirements are For uses other than residential, indicated. the same amount of area shall be required in pedestrian and landscaped areas as would be required as liveability space for a residential use. In relation to non-residential uses, such space may include covered malls for general pedestrian use, as well as exterior walkways, play areas for children, outdoor seating areas and the like. When covered malls are so included, they shall be excluded in computing floor area. 4. Recreation Space x Yes No Required minimum recreation Yes No Recreation space shall not be space for each residential required except in connection zone is indicated. with residential uses. 5. Off-Street Parking x Yes No Off-street parking is indicated Yes No For uses other than residential, and must meet standards off-street parking shall be required in Article 9. provided as required in Article 9. r ARTICLE 7.18 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS continued ("Yes" indicates compliance; "No" indicates non-compliance) ordinance Requirements 6. Minimum Yard Requirements Adjacent to Public Streets Minimum front yards adjacent to public streets shall be thirty feet. 7. Yards required adjacent to Residential Districts Where PD-MU districts adjoin Residential districts without an intervening street or alley, a yard at least twenty feet in width, if a sideyard, or depth, if a rear yard, shall be provided along such joint boundary. 8. Restrictions on vehicular use of yards required adjacent to public streets. Yards required above shall not be used for parking and yards required above adjacent to Residential districts shall not be used for driveways serving five or more parking areas. e) Site Planning - External Relationships Relation of the district to surrounding areas shall be as provided for PD-H districts at Section 7.1 q.:3 External Relationships; Subsections . 1, Principal Vehicular Access Points; 2, Access for Pedestrians and Cyclists; 3, Protection of Visibility; 5, Yards, Fences, Walls or Vegetative Screening, and 6, Height Limitations. 1. Requirement for mass transit access. No PD-MU district shall be created except where mass transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the district. Such mass transportation shall be at a scale and of a character suited to the needs of occupants and visitors. PLANNING STAFF EVIDENCE SUBMITTED FINDINGS TQ SUPPORT FINDINGS x Yes No Front setbacks in all residential zones must be 30 feet from a public right-of- way. x Yes No x Yes No A boundary yard of at least 20 feet in width is shown around the property. Yards adjacent to public streets cannot be used far parking and adjacent to residential districts cannot be used for driveways serving five or more parking areas. x Yes No All site plan requirements must be met. The development is virtually self- . contained with large areas of open space and wide buffers around the perimeter. x Yes No Direct access to Strouds Creek Road is provided. A dedication of a commercial parcel will potentially allow a mass transit stop within this development. ~~ PLANNING BOARD FINDINGS _Yes No Yes No Yes No Yes No Yes No s ,~. ~~ ARTICLE 7.78 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS continued ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS Ordinance Requirements 2. Location of Uses in Relation to Adjoining Residential Districts. Where a PD-MU district adjoins any residential district, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD- .MU district shall be located adjacent to the residential district, and non-residential uses and signs shall be located or oriented away from the residential district. x Yes No Residential uses within the PD-MU district are located adjacent to residential districts and non-residential uses are oriented away from adjoining residential districts. f) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations within and adjacent to the district with a minimum pf conflicts with vehicular. traffic. In particular: 1. Pedestrian systems and open space net. Pedestrian systems through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoyment. Interior end exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district, and shall cpnnect to principal mass transit stops within and outside the district. x Yes No The site plan prpvides structures and facilities that . facilitate safe pedestrian movement with minimum conflict with vehicular traffic. x Yes- No Pedestrian ways must be designed to form a convenient pattern. Mass transit is not available in this area. PLANNING BOARD FINDINGS Yes No Yes No Yes No r F hr 4 ARTICLE 7.7$ - PD-MU: PLANNED DEVELOPMENT-MIXED U5E DISTRICTS Icontinuedl ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Re uirements PLANNING STAFF ~ EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS PLANNING BOARD FINDINGS 2. Streets, Parking Areas and Service Areas Shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings. 3. Relationship of uses Shall be such that major commercial and service establishments are grouped for maximum pedestrian convenience along frontages uninterrupted by residential or general office occupancies. Residential or general office uses may either be in separate areas within the district, or may be separated vertically from commercial and service concourses. 4. Spacing of Buildings or Portions of Buildings Shall be as provided at Section 6.12.3 g) Sign Limitations The fallowing limitations and requirements shall apply concerning signs in PD-MU district. 1. General Advertising Signs Prohibited General advertising signs are prohibited in PD-MU districts. x Yes No The Town Center design separates vehicular use areas from principal pedestrian areas. Yes No x Yes No Commercial and service uses Yes No are grouped near the Western Bypass and multi- family areas for maximum pedestrian convenience. x Yes No Spacing and building Yes No setbacks must meet requirements in Section 6.12.3. x Yes No No general advertising signs Yes No are indicated. Any proposed sign must meet all sign requirements. a. ~s ~ ~L -~,_ ARTICLE 7.98 - PD-MU: PLANNED DEVELOPMENT-HIKED USE DISTRICTS (continued ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS Ordinance Requirements 2. Limitations on Signs Yes Intended to be read from outside the district, or from public street within the district. No signs intended to be read from outside the district, or from public streets within the district, shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings or groups within the district, or to signs or sign structures erected by the County or authorized for display of public notice. 3. General Identification Signs Yes for 'the Development as a Whole Shall be permitted as follows: One sign structure, not exceeding thirty feet i.n height, and having not more than two sign surface areas, each limited to sixty square feet, may be erected inside or outside required yards adjacent to public streets, provided that no such sign shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter. EVIbENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD FINDINGS No The application indicates Yes No x N/A coordinated signage will be provided for each neighborhood and for each separate facility. Specifics are not provided at this time. Any proposed sign must meet all sign requirements. No The application indicates a Yes Na x N/A major entry sign will be • provided. Specifics are not supplied at this time. Any proposed sign must meet all sign requirements. r _i ARTICLE 7.78 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS continued ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS Ordinance Rer~uirements 4. Minor Directional Sign Structures Having not more than two sign surface areas, each limited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given. EVIDENCE SUBMITTED TO SUPPORT FINDINGS Yes No Coordinated signage will be x N/A provided for each neighborhood. Specifics are not supplied at this time. Any proposed sign must meet all sign requirements. 5. Identification Signs for Major Buildings or Complexes. Shall be erected only upon the walls of buildings, and shall not project more .than three feet beyond the wall upon which mounted, nor above the lower roofline. Only one such sign shall be permitted for each face of the building visible from a public street other than a minor residential. street, except that where the length of such face of the building exceeds one hundred fifty feet, a second sign shall be permitted. Minimum area allotment for any such signs shall be one hundred square feet, or two percent of the surface area of the building on the exposure involved, up to a maximum of three hundred square feet. 6. Signs Identifying Individual Commercial or Service Establishments ar Offices. From public streets shall be permitted as tvllows: a) One sign mounting attached to the wall of the building and containing .not more than two sign surfaces, each with maximum surface area of thirty square feet. Such signs shall not project more than three feet from :the wall to which attached or extend above any lower roofline, or in any case above a height of twenty feet above ground level. Yes No x N/A Yes No x N/A Coordinated signage will be provided. Specifics are not supplied at this time. Any proposed sign must meet all sign requirements. Coordinated signage will be provided. Specifics are not supplied at this time. Any proposed sign must meet all sign requirements. ','~ ~~ PLANNING BOARD FINDINGS Yes Yes No No Yes No ~. ~~~ ARTICLE 7.18 - PD-MU: PLANNED DEVELOPMENT-MIXED USE DISTRICTS continued ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Requirements PLANNING STAFF FINDINGS EVIDENCE SUBMITTED PLANNING 130ARD TO SUPPORT FINDINGS FINDINGS Yes No Yes No b. One identification sign, not Yes No Coordinated signage will be exceeding two square feet in x N/A provided. Specifics are not area,shall be permitted on supplied at this time. Any each display window, and on proposed sign must meet all each principal entrance. sign requirements. c. One double-surfaced Yes No Specifics regarding signs will identification sign, with each x N/A be provided later. Any surface limited to two square proposed sign must meet all feet, shall be permitted over sign requirements. . each principal entrance. Unless suspended from a marquee such sign shall nat project more than three feet from the wall of the building. d. Where marquees or awnings Yes No Specifics regarding signs will are provided, one identification x N/A be provided later. Any sign, single or doubleface, with proposed sign must meet all area per face limited to two sign requirements. square feet, may be displayed an the street side, and one perpendicular to the building, for every twenty feet of building frontage, provided that spacing shall be arranged so that signs on adjacent establishments are not masked. Yes No M _F ARTICLE 7 -SPECIFIC STANDARbS FOR EVALUATION/PLANNED DEVELOPMENTS ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Re uirements PLANNING STAFF FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS Article 7.4 then indicates the application must comply. with certain specific requirements common to all Planned Developments. These include: 7.4.1 So located with respect to major streets and mass transit facilities and designed so as not to create traffic on minor streets in residential districts 7.4.2 So located with respect to water, sewer and storm drainage facilities that enlargement or extension will not result in higher net public cost or earlier incursion of public cost. and So located with respect to police, fire and rescue services, and schools and parks so as to have access in the same manner as permitted under the existing zoning x Yes No The proposed development will have access to Strouds Greek Road. The connection to Pathway Parkway will create minimal traffic on minor streets in residential districts. x Yes No The proposed development will have public water and sewer. Sewer has been extended to the site and water and sewer lines will be installed by the developer. x Yes No Letters regarding adequate service provision have been received from the Sheriff's Department. The Sheriff's Office indicates an additional 4 deputies, equipment and a sub-station will be needed. A new elementary school was just completed in the area. Projected students from this project will be subject to the number of building permits issued in a set time period. An adequate public facilities ordinance may limit the phasing of this project, if approved. The developer will dedicate over 200 acres to the Gounty so that it may provide parks or other necessary services to its citizens. ~7~,p PLANNING BOARD FINDINGS Yes No Yes No Yes No ~.. ~~CS ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNEp pEVELOPMENTS ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD FINDINGS Ordinance Requirements Article 7.4.3 Site suitable for development without hazard from flooding, erosion, and soil subsidence or slipping. x Yes No Land surrounding intermittent blue line streams will be dedicated to the County as designated open space. Storm drainage will be handled at developer's expense through on-site detention ponds designed to control stormwater. If project is approved, a condition may be placed on the Special Use Permit that the applicant shall develop a stormwater management plan to be approved by N.C. Division of Water Quality before construction begins. Yes No r ARTICLE $,6 AND 8.8 -APPLICATION COMPONENTS 1"Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Drdinance Requirements 8.6-Application submitted on x Yes No Submittal includes forms providing full and application forms, site plan, accurate description of and project summary. proposed use, including location, appearance and operational characteristics. 8.8 al-twenty-six (26) copies x Yes No 26 copies of the site plan of the site plan prepared by a were provided by Jerry registered N.C. land surveyor Turner and Associates. or engineer containing: 1. North point, scale and date x Yes No Shown on the site plan. 2. Extent of area to be x Yes No Site plan indicates extent of developed area to be developed. 3. Location and width of all x Yes No The rights-of-way of Strouds easements and rights-of-way Creek Road, Pathway within or adjacent to the site Parkway and all proposed roads, as well as required easements are shown on the site plan. 4. Location of all existing or x Yes No Existing structures are proposed structures on the shown. Proposed locations site of structures are indicated. 5. Location of all areas on the x Yes No Flood hazard areas are site subject to flood hazard or indicated on the south side inundation as shown on flood of the property along maps or soil maps Stroud's Creek. Stormwater detention facilities are indicated on the site plan to control stormwater runoff. t L~ PLANNING BOARD FINDINGS Yes Na Yes No Yes No Yes No Yes Na Yes No Yes No ~ ~~~ ARTICLE 8.6 AND. 8.8 -APPLICATION COMPONENTS (Continued ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS Ordinance Requirements 8. Location of all water courses on the site, including the direction of flow 7. Existing topography at a contour interval of five 15) feet based on mean sea level datum 8. Proposed or existing fencing, screening, gates, parking, service and storage areas 9. Access to site including sight distances on all roads used for access x Yes No x Yes No x Yes No x Yes Nv 10. Elevations of all structures proposed to be used in the development 11. Names and addresses of owners and applicants 12. A fee, as set by the Board of County Commissioners N/A Yes No x Yes No x Yes Na EVIDENCE SUBMITTED TO SUPPORT FINDINGS Streams are indicated on the site plan. Topography is provided. Proposed parking is indicated on the plan. Sight triangle and road improvements must be approved by NCDOT. Some elevations are indicated. Provided with application. application fee to be paid prior to hearing date. PLANNING BOARD FINDINGS Yes No Yes No Yes No Yes No Yes No Yes No Yes No ~, n ARTICLE 8.2.4 SPECIFIC 5TANDARDSlALL SPECIAL USES ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF FINDINGS Ordinance Requirements Article. 5.2.4 requires the applicant to address the following: a) Method and adequacy of provision for sewage disposal facilities, solid waste and water service. b) Method and adequacy of police, fire and rescue squad protection. c) Method and adequacy of vehicle access to the site and traffic conditions around the site. x Yes No x Yes No x Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS Water and sewer lines have been extended to the site. The application indicates pumping stations will be constructed in development pods as needed. A letter from the Orange County Sheriff's Office was provided with the application. They will be able to provide services, however, the Sheriff's Office indicates an additional 4 deputies, equipment and a sub-station will be needed. The proposed street system within the development is adequate. However, an extended left turn lane on NC 57 at NC 86 is required. A left turn lane on U5 70 to northbound NC 86 is required by NCDOT. An extended right turn lane on US 70 onto NG 86 is needed. An additional lane for NC 86 from US 70 to NC 57 built to NCDOT standards is needed. . ,~~ ~ PLANNING BOARD FINDINGS Yes No Yes No Yes No `~. 4~ ~ ~~ ARTICLE 8.$.23 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS Article $.8.23 indicates that the application shall comply with the applicable sections of Article 7 -Planned bevelopments ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Requirements Article 7.4 indicates the application must first comply with all requirements specified in Article 20 -Amendments. Those requirements include: 20.3.2 a) Map showing affected property at scale of not less than 1 " = 7 00' PLANNING STAFF EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Yes x No N/A Yes No N/A Yes No Site plan provided at a scale of 1 " - 400'. Adequate fior Master Plan. Site plans to be submitted for each parcel. N/A - No text amendment proposed. PLANNING BOARD FINDINGS Yes No Yes No Yes No Yes No 20.3.2 b) For amendments to zoning text, a copy of existing text provisions and a written statement in detail of proposed changes. 20.3.2 c) Explanation of alleged error, if any, to be corrected by proposed amendment 20.3.2 d) Changed conditions, if any, which make Zoning Atlas amendment reasonably necessary to promote public health, safety and general welfare 20.3.2 e) Manner in which proposed Zoning Atlas amendment will carry out purpose and intent of adopted Comprehensive Plan 20.3.2 f) A traffic impact study as required by Article 13. N/A - No. error alleged. x Yes No Application indicates water and sewer has been extended to the site, a new school has been constructed, and road improvements have and will be made. x Yes No This type of proposal provides a more versatile environmentally friendly development with the disturbed area minimized and open space maximized. Also, the impact of the mixed-use development can be controlled through the Special Use Permit process whereas a straight single- . family development can proceed under general guidelines. Also, the development is following the concepts set forth in the village option of the flexible development standards. x Yes No A traffic impact study has been submitted. Yes No ~ .. ARTICLE 7 -SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (continued ("Yes" indicates compliance; "No" indicates non-compliance) PLANNING STAFF EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinances Requirements 20.3.2 g) All other x Yes No Applicant has submitted a circumstances, factors and statement of justification, reasons the applicant offers in support of the proposed Zoning Atlas and/vr Zoning Ordinance text amendment. PLANNING BOARD FINDINGS ~~ ~~~ ARTICLE 8.2,1 & 8.2.2 -APPLICATION COMPONENTS ("Yes" indicates compliance; "No" indicates non-compliance) Ordinance Re uirements In accordance with Article 8.2.1 and 8.2.2 of the Zoning Ordinance, the Board of County Commissioners shall also consider the following general conditions before the application for Special Use shall 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 where '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 general plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adapted by the Board of County Commissioners. SUBMITTED INFORMATION (See Attached Application Information) EVIDENCE SUBMITTED TO SUPPORT FINDINGS Will ~Will'Not To be determined by Board after receiving evidence to be 'submitted or heard at public hearing. Will Will Not To be determined by Board after receiving evidence to be submitted or heard at public hearing. A letter has been submitted from Thomas M. Heffner, a real estate appraiser. Will Will Not To be determined by Board after receiving evidence to be submitted or heard at public hearing. PLANNING BOARb FINDINGS Will Will Nat Will -Will Nat Will Will Not