HomeMy WebLinkAboutAgenda - 01-19-2021; 6-a - Zoning Atlas Amendment Master Plan Development Conditional Zoning District (MPD-CZ) for Efland Station (formerly Beaver Crossing) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 19, 2021
Action Agenda
Item No. 6-a
SUBJECT: Zoning Atlas Amendment: Master Plan Development Conditional Zoning
District (MPD-CZ) for Efland Station (formerly Beaver Crossing)
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Aerial Map of Properties Michael D. Harvey, Planner III, (919) 245-2597
2. Applicant Proposed Modifications Craig Benedict, Director, (919) 245-2592
3. Applicant Response to Public Comments
4. Statement of Consistency
5. Final Draft Conditions of Approval
PURPOSE: To receive updates, consider Planning Board and staff recommendations, begin
deliberation, and provide direction/take action on an applicant initiated Zoning Atlas Amendment
for parcels north of Interstate 85/40, east of Mt. Willing Road, to Master Plan Development
Conditional Zoning (MPD-CZ) district.
Specifically, the Board will be taking action on an application submitted by Buc-ee's Limited to
rezone two parcels with PIN numbers 9854-16-1576 and 9854-36-3711 (hereafter `the
Property'):
FROM: Office/Research and Manufacturing (O/RM); Upper Eno Protected
Watershed Protection Overlay District; Major Transportation Corridor (MTC)
Overlay District; Efland Interstate Overlay District.
TO: Master Plan Development Conditional Zoning (MPD-CZ) district; Upper Eno
Protected Watershed Protection Overlay District; Major Transportation
Corridor (MTC) Overlay District; Efland Interstate Overlay District.
As indicated during the BOCC's January 12, 2021 meeting, the public comment period for this
item closed at 9:00 a.m. on January 14, 2021. As a result, the BOCC will not be accepting
further public comment on this item at tonight's meeting.
BACKGROUND: BOCC review of this item began at the BOCC's December 15, 2020 Business
meeting and concluded with the closure of the public hearing on January 12, 2021. Agenda
materials from the public hearing can be accessed at:
http://server3.co.orange.nc.us:8088/WebLink/Browse.aspx?startid=61357&row=1&dbid=0.
Video from the December 15, 2020 and January 5 and 12, 2021 meetings can be accessed at:
https://www.orangecountync.gov/967/Meeting-Videos
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As indicated at the December 15 BOCC meeting, staff recommended the imposition of several
conditions designed to address potential impacts of the Project, including:
i. Stormwater: Imposition of a condition that requires the applicant to either:
a. Abide by nutrient reduction strategies as detailed in Section 6.14.7 of the UDO
without participation in the State recognized offsite mitigation program; or
b. Any off-site mitigation has to occur in Orange County near the Property, within the
County's Upper Eno Protected or Critical Watershed Protection Overlay District, to
ensure preservation of local water quality.
ii. Access Management:
a. Driveway access from the Interstate on/off ramp be restricted to two driveways,
one allowing access to the Project east of Mt. Willing Road (i.e. a right turn only
into the Project) and one allowing access to the on/off ramp west of the US
Highway 70/1-85 Connector Road (i.e. a right turn only out of the Project);
Staff has continued to work with the applicant and NCDOT officials to preserve
westbound Exit 160 as being part of a dual westbound exit for both Exit(s) 160 and 161 at
the existing Exit 161 location.
Attachment 2 contains the applicant's response to several recommended condition(s), including:
1. Alteration of land uses:
a. District 1: Proposed car wash eliminated;
b. Development Area 5: Building square footage reduced from 150,000 to 75,000
sq.ft..
2. Impervious area versus Open Space:
a. Impervious area limited to 60% or approximately 2,718,144 sq.ft. (62.4 acres) of
land area;
b. Open space increased to 40% or approximately 1,812,096 sq.ft. (41.6 acres) of
land area.
3. Setbacks: Northern boundary property line/land use buffer area increased to 50 ft. as
requested by staff;
4. Stormwater:
a. Install debris screens on all stormwater inlets to address comment(s) from the Eno
River Association;
b. Nutrient Removal: Project will not exceed:
i. Nitrogen: 1.2 pounds per acre per year; and
ii. Phosphorous: 0.24 pounds per acre per year.
Nutrient export loads are equal to/less than export loads from property in current,
undeveloped state.
5. Use of Private Mitigation Credits: Consistent with 6.14.7(D) of the UDO applicant shall:
a. Purchase approved `private mitigation bank credits' within the Upper Eno River
Watershed. If no credits are available, applicant shall:
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i. Purchase approved private mitigation bank credits within Orange County (if
available); OR
ii. Purchase approved private mitigation bank credits in the Falls Lake
Watershed (if available); OR
iii. Utilize any mitigation option permitted by the UDO.
Conditions must mutually be agreed to by the applicant. Staff is seeking direction from the
BOCC on said condition(s) for final review/agreement by the applicant. The current list of
condition(s) is contained within Attachment 5.
During review of the Project, local residents identified the following concerns:
a. The Project is out of character with the rural Efland community;
b. There has been insufficient public outreach, including concerns the Town of
Hillsborough had not been more involved in reviewing the Project;
c. Economic development benefits have been exaggerated and are overestimated;
d. The Project will not generate the types of jobs desired by the County (i.e. provision
of a living wage, jobs meeting County social justice goals, etc.);
e. Development of a `60 pump/120 individual fuel station' travel center is inconsistent
with a County goal of reducing dependency on fossil fuels;
f. There is no guarantee that `Phase 2' of the Project (i.e. hotel, offices, retail,
manufacturing, etc.) will ever be developed;
g. Proposed traffic changes, including the elimination of Exit 160 and prohibition of
left turns from Ben Johnson Road to the 1-85/US Highway 70 connector road, will
have negative impacts on motorists.
Traffic redesign will exacerbate existing traffic congestion and create public safety
concerns;
h. Stormwater runoff will have a negative impact on adjacent sensitive water features
as well as the County's Seven Mile Creek Preserve;
i. Insufficient information has been provided ensuring adequate protection of
groundwater from fuel contamination;
j. The Project will significantly increase/exacerbate existing light pollution in the area;
k. There is no justification for an 80 ft. tall freestanding sign advertising the Project.
Attachment 3 contains the applicant's responses to these concern(s). Staff's comments will be
provided separately.
Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
should be noted that Section 2.2.8 of the UDO states that no application for the same or similar
amendment, affecting the same property or portion thereof, may be submitted for a period of
one year. The one year period begins on the date of denial or withdrawal.
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
and in the public interest as contained in Attachment 4.
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2. Ordinance amending the Zoning Atlas, as well as imposing development conditions,
for the identified parcels as contained in Attachment 5.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services. Costs associated with advertising,
including the public hearing notice and mailings, were paid by the applicant in accordance with
the adopted Orange County Fee Schedule.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item notwithstanding the Project will adhere to existing adopted
local, State, and Federal environmental regulations.
RECOMMENDATION: The Manager recommends the Board:
1. Review and provide direction to staff on recommended conditions (Attachment 5); or
2. Take action on
the Zoning Atlas amendment for parcels north of Interstate 85/40, east of Mt. Willing Road, to
Master Plan Development Conditional Zoning (MPD-CZ) district.
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7
T NELSON M U L L f N S NELSON MULLINS RILEY & SCARBOROUGH LLP
ATTORNEYS AND COUNSELORS AT LAW
Beth Trahos 4140 Parklake Ave, Suite 200
(919) 329-3884 Raleigh, NC 27612
T 919.329.3800 F 919.329.3799
beth.trahos@nelsonmullins.com nelsonmullins.com
January 8, 2021
Mr. Michael Harvey
Orange County Planning Department
131 W. Margaret Lane, Suite 201
Hillsborough,NC 27278
Via Email: mharvey@orangecountync.gov
Dear Michael:
We have listened to the comments made by the public in the various board meetings and by email
to the Board of County Commissioners. In response,we offer the following changes to the Efland
Station Master Plan focused on improving our stormwater management plan:
• We will alter development densities as follows: (a)in Development Area 5,we will reduce
the permitted square footage from 150,000 square feet to 75,000 square feet; and (b) in
Development Area 1, we will remove the car wash use.
o This will allow us to reduce impervious area to no greater than 60% and increase
open space to 40% of the subject property, allowing more area for stormwater
infiltration.
• We will increase setbacks on the northern boundary of Development Area 5 to 50'.
o This meets Planning Staff s recommendation for buffering in this area.
• We will install debris screens on all stormwater inlets to prevent trash and other debris
from entering stormwater control measures, an added protection for area streams.
o We offer this change in response to a comment received from the Eno River
Association.
• Rather than meeting the State and County standards for nutrient removal found in Section
6.14.7(A)(1)(a) and (b) of the UDO, the subject property will not exceed the following
unit-area mass loading rates: (a) Nitrogen, 1.2 pounds per acre per year; and (b)
Phosphorous, 0.24 pounds per acre per year.
o These nutrient export loads are equal to or less than export loads from subject
property in its existing,undeveloped state.
• For offset fees pursuant to 6.14.7(D), commonly referred to as "credits", the property
owner shall purchase approved private mitigation bank credits within the Upper Eno River
Watershed, if available. If no approved private mitigation bank credits are available within
the Upper Eno River Watershed, the property owner shall purchase approved private
mitigation bank credits within Orange County, if available. If no approved private
mitigation bank credits are available in Orange County, the property owner shall purchase
CALIFORNIA I COLORADO I DISTRICT OF COLUMBIA I FLORIDA GEORGIA I MARYLAND I MASSACHUSETTS I NEW YORK
NORTH CAROLINA I SOUTH CAROLINA TENNESSEE I WEST VIRGINIA
8
Orange County Planning Department
January 7, 2021
Page 2
approved private mitigation bank credits in the Falls Lake Watershed, if available. If no
approved private mitigation bank credits are available in the Falls Lake Watershed, the
property may utilize any mitigation option permitted by the UDO.
Please let me know if you have questions. Thanks!
With best regards,
Elizabeth C. Trahos
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Efland Station Domestic Water Demand Estimate(by Fixture Type)
Fixture or Appliance 1 No.of Fixtures Wastewater Demand(GPM) Wastewater Demand(GPD) ; Average Daily Demand(GPM) Average Daily Demand(GPD) ; Peak Flow(GPM) Peak Flow(GPD)
Standard Efficient Standard Efficient 1 Standard Efficient Standard Efficient Standard Efficient I Standard Efficient
Flush Valve Toilet 79 17.6 14.0 25,300 20,300 1 21.1 16.9 30,360 24,360 52.7 42.1 75,900 60,900
Tank Toilet 120 0.4 0.3 600 500 0.5 0.4 720 600 1.2 1.0 1,800 1,500
Urinal i 39 2.0 1.0 3,000 1,500 2.4 1.2 3,600 1,800 6.1 3.0 9,000 4,500
Kitchen Faucet i 32 4.4 3.0 6,400 4,400 i 5.3 3.6 7,680 5,280 13.2 9.0 19,200 13,200
Bathroom Faucet i 166 7.6 5.2 11,000 7,500 9.1 6.2 13,200 9,000 22.8 15.6 33,000 22,500
Shower 120 1.4 1.2 2,100 1,700 i 1.7 1.4 2,520 2,040 4.3 3.5 6,300 5,100
Bath Tub 120 2.3 1.3 3,400 2,000 i 2.8 1.6 4,080 2,400 7.0 4.0 10,200 6,000
Dish Washer 24 0.7 0.4 1,000 600 i 0.8 0.5 1,200 720 2.0 1.2 3,000 1,800
Buc-ee's - 16.0 11.6 23,100 16,700 i 19.3 13.9 27,720 20,040 i 48.1 34.8 1 69,300 50,100
Total 52.5 38.0i 75,600 1 54,800 1 63.0 1 45.7 1 90,720 1 65,760 1 157.4 1 114.1 I, 226,800 1 164,400
Percentage Saved 27%
This estimate is preliminary in nature and is intended to be used for high-level planning.All values provided are subject to change during final design.
* Buc-ee's water demand is from water usage data taken from an existing site.
**Sewer Flow for Efland Station to be permitted based on the Standard Flows approved by State 02T Requirements
Efland Station Domestic Water Demand Estimate(by Development Area)
Wastewater Demand(GPM) Wastewater Demand(GPD) Average Daily Demand(GPM) Average Daily Demand(GPD) Peak Flow(GPM) Peak Flow(GPD)
Development Area Na.of Fixtures Standard Efficient Standard Efficient Standard Efficient Standard Efficient Standard Efficient 1 Standard Efficient
1 - 16.0 11.6 23,100 16,700 19.3 13.9 27,720 20,040 48.1 34.8 69,300 50,100
2 208 25.3 18.8 36,500 27,100 30.4 22.6 43,800 32,520 75.9 56.4 109,500 81,300
3 6 0.8 0.6 1,200 900 1.0 0.7 1,440 1,080 2.4 1.9 3,600 2,700
4 480 9.7 6.6 14,000 9,500 11.6 7.9 16,800 11,400 29.0 19.7 11 42,000 28,500
5 6 0.6 0.5 1,000 700 0.8 0.6 1,200 840 1.9 1.4 3,000 2,100
Total 52.5 38.0 75,600 54,800 63.0 45.7 90,720 65,760 157.4 114.2 226,800 164,400
Percentage Saved 27%
This estimate is preliminary in nature and is intended to be used for high-level planning.All values provided are subject to change during final design.
* Buc-ee's water demand is from water usage data taken from an existing site.
**Sewer Flow for Efland Station to be permitted based on the Standard Flows approved by State 02T Requirement!
Efland Station Domestic Water Demand Estimate(by Use)
Development Area No.of Fixtures Wastewater Demand(GPM) Wastewater Demand(GPD) i Average Daily Demand(GPM) i Average Daily Demand(GPD) I Peak Flow(GPM) i Peak Flow(GPD)
Standard Efficient Standard Efficient Standard Efficient Standard Efficient Standard Efficient i Standard Efficient
Buc-ee's - 16.0 11.6 23,100 16,700 19.3 13.9 27,720 20,040 48.1 34.8 69,300 50,100
Restaurants 184 22.4 16.6 32,300 24,000 26.9 19.9 38,760 28,800 67.3 49.8 96,900 72,000
Retail j 21 j 2.6 2.0 j 3,700 2,900 i 3.1 2.4 j 4,440 3,480 j 7.7 5.9 j 11,100 8,700
Office 3 0.3 0.2 Soo 400 0.4 0.3 600 480 1.0 0.7 1,500 1,200
Medical Office Building(MOB) 6 0.8 0.6 1,200 900 1.0 0.7 1,440 1,080 2.4 1.9 3,600 2,700
Short Term Rental 480 9.7 6.6 14,000 9,500 11.6 7.9 16,800 11,400 29.0 19.7 42,000 28,500
Office/Service/Manufacturing 6 0.6 0.5 1,000 700 0.8 0.6 1,200 840 1.9 1.4 3,000 2,100
Total 52.5 38.0 75,600 54,800 63.0 45.7 90,720 1 65,760 1 157.4 54.8 226,800 164,400
Percentage Saved 27%
This estimate is preliminary in nature and is intended to be used for high-level planning.All values provided are subject to change during final design.
* Buc-ee's water demand is from water usage data taken from an existing site.
**Sewer Flow for Efland Station to be permitted based on the Standard Flows approved by State 02T Requirements
10
Flow(GPM) Flow(GPD)
Initial Flow Time in Use Loads Flushes
Units Standard Efficiency (mins) per day per day Standard Efficiency Standard Efficiency
Flush Valve Toilet GPF 1.60 1.28 200 0.22 0.18 320 256
Tank Toilet GPF 1.60 1.28 3 0.00 0.00 5 4
Urinal GPF 1.00 0.50 75 0.05 0.03 75 38
Kitchen Faucets GPM 2.20 1.50 90 0.14 0.09 198 135
Bathroom Faucet GPM 2.20 1.50 30 0.05 0.03 66 45
Shower GPM 2.50 2.00 7 0.01 0.01 171 14
Bath Tub GPM 7.00 4.00 4 0.02 0.01 28 16
Dish Washer GPL 1 5.00 1 3.00 1 1 8 1 1 0.03 1 0.02 40 24
GPFI gallons per flush
GPM I gallons per minute
GPLI gallons per load
Toilet Urinals Kitchen Faucets Bathroom Faucets Shower Bath Tub Dish Washer
Development Assumption Assumption Assumption Assumption Assumption Assumption Assumption per
Area Uses Area(SF) Area Per Facility No.of Units per Unit Total per Unit Total per Unit Total per Unit Total per Unit Total per Unit Total Unit Total
Restaurants 32,000 8,000 4 16 64 8 32 8 32 8 32 0 0 0 0 6 24
2 Retail 30,000 10,000 3 3 9 1 3 0 0 3 9 0 0 0 0 0 0
Office 3,500 3,500 1 1 1 1 1 0 0 1 1 0 0 0 0 0 0
3 Medical Office Building(MOB) 8,000 8,000 1 3 3 1 1 0 0 2 2 0 0 0 0 0
4 Short Term Rental 120 1 120 0 0 0 0 1 120 1 120 1 120 0 0
5 office/Service/Manufacturing 75,000 37,500 2 1 2 1 2 0 0 1 2 0 0 0 0 0 0
Total 199 39 32 166 120 120 24
Sources
Buc-ee's Flows from existing stores with low flow fixtures
Toilets httos://www.epa.goy/watersense/commercial-toilets
Urinals httos://www.eoa.eov/watersense/urinals
Faucets ht[ns://www.ena.eov/watersense/bathroom-faucets
Dishwasher httos://www.cnet.com/how-to/how-much-water-do-dishwashers-use/tt:":text=Gettin¢%20them%20clean%20in%20the.¢allons%20of%20water%20ner%20vear.
Bath Tub httos://www.auali[vba[h.com/discover/nos,/18226/euide-water-flow-ratesit-text=Most%20tub%20faucets%20run%20at%20aooroximately%204%20to%207%20eallons%20oer%20minute.
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NELSON M U L L I N S NELSON MULLINS RILEY & SCARBOROUGH LLP
ATTORNEYS AND COUNSELORS AT LAW
Beth Trahos 4140 Parklake Ave, Suite 200
(919) 329-3884 Raleigh, NC 27612
T 919.329.3800 F 919.329.3799
beth.trahos@nelsonmullins.com nelsonmullins.com
January 14, 2021
Chair Price and Members of the Orange
County Board of Commissioners
Via Email: ocbocc@orangecountync.gov
RE: Efland Station Master Plan
Dear Chair Price and Commissioners:
I
Thank you for the time you have taken over the past three meetings to listen to our presentation in
support of the Efland Station Master Plan and to receive community input about the project.
Most of you will recall that Stan Beard of Buc-ee's approached Orange County early last year to
inquire as to the viability of the property that is the subject of the Efland Station Master Plan for a
mixed use, master planned project anchored by a Buc-ee's. He spent time talking with your
Planning staff,Economic Development staff,the County Manager's office and even with the then-
serving Board of County Commissioners. Given the positive feedback from all interested parties,
Buc-ee's proceeded to file an application with an engineered master plan providing a detailed
concept plan for Efland Station.
Efland Station will be a mixed-use,master planned project that will allow for 425,000 square feet
(recently reduced from 500,000 square feet) of gross building area on a 1041 acre tract currently
used primarily for grazing cattle. Under the Efland Station Master Plan,no more than 60% of the
subject property may be impervious area, as compared to 70% under the current zoning, and at
least 40% of the site must be open space, as compared to 30%under the current zoning.
The subject property is located north of Interstate 85/40,south of the railroad and west of the 70/85
Connector.Approximately 125,000 cars drive by the site on Interstate 85/40 every day.Noise from
the heavily traveled highway and busy railroad can be heard on the site today. The area is currently
well lit as the North Carolina Department of Transportation has installed light poles along the
frontage to provide for highway safety.
Efland Station will be anchored by a Buc-ee's Travel Center which will create more than
$1,000,000.00 in much needed tax revenue for Orange County and up to 200 full time, good jobs
with starting pay at $15 per hours and benefits, including 3 weeks of vacation, access to health
insurance and a 401(k). Orange County has identified$15 per hour as a living wage and pays
1 This results in an annual wage of$31,200 per year for employees working 40 hours each week, including 3 weeks
of vacation.
CALIFORNIA I COLORADO I DISTRICT OF COLUMBIA I FLORIDA I GEORGIA I MARYLAND I MASSACHUSETTS I NEW YORK
NORTH CAROLINA I SOUTH CAROLINA I TENNESSEE I WEST VIRGINIA
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some of its employees at a similar rate 2. All jobs, with the exception of two management
positions brought in to start the store,will be filled locally.
Buc-ee's Travel Center has identified this site as a good location for their business because of the
existing 125,000 cars traveling daily along Interstate 85/ 40, as well as Highway 70. The great
majority of visitors to Buc-ee's will already be driving down one of these major roadways. A stop
at Buc-ee's will create increased awareness of and interest in Efland that will likely generate
opportunities for other businesses to flourish. Efland Station plans to capitalize on this renewed
interest in Efland.
In addition to Buc-ee's,the Efland Station Master Plan plans for neighborhood services and retail
shops, full service, sit-down restaurants (drive-thru restaurants are prohibited), a hotel with 120
rooms,offices and financial services,medical uses,and select light manufacturing uses.This Phase
II could result in another $1,000,000.00 in tax revenue and additional good jobs in more varied
fields for nearby residents.
The subject property is in the Upper Eno River Watershed outside of the critical watershed area.
Consistent with Orange County's watershed policy, this area that has been designated by Orange
County's 2030 Comprehensive Plan as a Commercial-Industrial Transition Activity Node.
Orange County intends for the most intense uses permitted in the county to be developed in
this area. Development in other areas of the Upper Eno River Watershed has been curtailed to
allow for intense land uses in the area adjacent to busy highways and the railroad with access to
public utilities.
Since then, your professional staff and appointed boards and commissions have spent significant
time and effort in providing a detailed review of the proposal. More specifically, Efland Station
has been reviewed by the following:
I. Planning Staff and Planning Board Review
Planning staff review of the Efland Station Master Plan has been on-going since the plan was filed
in August 2020. The resulting 19-page staff report addressed every planning related topic
including access,transportation improvements, utilities, erosion control, stormwater, solid waste,
land use buffers and setbacks,an environmental assessment,analysis regarding the Orange County
Comprehensive Plan and the Efland-Mebane Small Area Plan, the financial impact, the social
justice impact and the environmental impact of the Efland Station Master Plan.
This thorough and professional review resulted in a back
g p a and forth dialogue with the applicant
agreeing to many changes to address Planning staff concerns. These commitments are
z Indeed.com advertises COVID Temporary Certified Medical Assistant jobs with Orange County Health Department
with starting pay of$15.32 an hour. In addition, Indeed.com is advertising a Veterinary Health Care Technician
("Vet Tech")with the Orange County Animal Services Department that pays a starting wage of$34,472,just$3,272
more than an entry level Buc-ee's employee. Employment as a Vet Tech requires an Associate's degree in
Veterinary Medical Technology or related field,or three(3)years of veterinary experience;whereas,a position
with Buc-ee's requires no special experience or education.
13
memorialized in a 24-page zoning ordinance containing conditions to address areas of impact or
concern identified by the Planning Department.
The Planning Board reviewed the Efland Station Master Plan on November 4, 2020, hearing
comments from staff,the applicant and other interested parties.
The Planning Director and the Orange County Planning Board unanimously recommend
approval of the Efland Station Master Plan.
II. Department of Environment, Agriculture, Parks and Recreation ("DEAPR")
Orange County Commission for the Environment Review
The DEAPR reviewed the Efland Station Master Plan providing scant comments in two letters.
The first letter, dated October 13, 2020, described the use and condition of the subject property
today noting the existence of two ephemeral streams on site that flow south toward the Seven Mile
Creek. The letter indicated that protecting these two tributaries is in the public interest and
recognized that the applicant's site plan protects the streams by placing them in open space.
DEAPR staff suggests that a conservation easement may be appropriate for this open space area if
the landowner desires to retain ownership of the area. Under such an arrangement, the county
would maintain the sensitive area.
The second letter, dated October 20, 2020, indicated that there was a historic resource on the
subject property which has collapsed and no longer possesses any physical integrity.
DEAPR staff made no other comments and raised no other concerns.
The Commission for Environment reviewed the Efland Station Master Plan on January 11, 2021.
The DEAPR staff report consisted of a list of environmental concerns apparently gathered from
community input. No staff analysis of these concerns was provided. The applicant was not
permitted to speak and no formal presentation was allowed about the Efland Station Master Plan
or the 1000+pages of materials on the topic.
Much of the board discussion focused on a letter prepared by a member of the commission in
opposition to the project and apparently circulated to DEAPR staff and other board members in
advance of the meeting. The applicant was not provided a copy of the letter in advance of the
meeting. A slightly revised version of that letter was adopted by the Commission for the
Environment in recommending denial of the project.
The Commission for the Environment failed to consider the many environmental benefits of the
Efland Station Master Plan made apparent in our letter to the commission attached hereto.
III. Orange County Economic Development Review
Economic Development Staff prepared a report entitled "Potential Economic Value of Efland
Station to Orange County: Forecast of Jobs&Benefits and Annual Property & Sales Tax Revenue
Projections"which has been provided as a part of the overall packet. The report concurs with the
applicant's assessment that Buc-ee's will provide $1,000,000 in needed tax revenue and 200 good
jobs in Phase I plus additional revenue and jobs as Phase II develops.
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The Orange County Economic Development Commission unanimously recommends
approval of the Efland Station Master Plan.
Efland Station offers many benefits: good jobs paying a living wage with benefits, tax dollars to
alleviate the burden on residential tax payers countywide, needed infrastructure investment for
roads and utilities at no cost to taxpayers,all in a historically underutilized area of the county while
also minimizing negative impacts by voluntarily agreeing to more open space and less building
area and increased stormwater treatment measures than are required under the current zoning
ordinance at the behest of your professional staff.
We hope that you retain the interest and excitement you showed when Stan Beard first approached
you about bringing Buc-ee's and Efland Station to Orange County more than one year ago. We
hope you will join the Orange County Planning Board and the Orange County Economic
Development Advisory Board in supporting the Efland Station Master Plan.
With best regards,
Elizabeth C. Trahos
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15
0707
NELSON M U L L I N S NELSON MULLINS RILEY & SCARBOROUGH LLP
ATTORNEYS AND COUNSELORS AT LAW
Beth Trahos 4140 Parklake Ave, Suite 200
(919) 3 2 9-3 8 8 4 Raleigh, NC 27612
T 919.329.3800 F 919.329.3799
heth.trahos@nelsonmullins.com nelsonmullins.com
January 8, 2021
Orange County Commission for the Environment
c/o Mr. David Stancil
Department of Environment,Agriculture, Parks &Recreation
Via Email: dstancil a,oran eg countync.gov
RE: Efland Station Master Plan
Dear Chair and Members of the Commission for the Environment:
I write to provide information in support of the Efland Station Master Plan.
By way of introduction, Efland Station is a mixed-use, master planned project that will allow for
425,000 square feet of gross building area on a 104± acre tract used primarily for grazing cattle.
The subject property is located north of Highway 85/40,south of the railroad and west of the 70/85
Connector.Approximately 125,000 cars drive by the site on Highway 85/40 every day.Noise from
the heavily travelled highway and busy railroad can be heard on the site today.The area is currently
well lit as the North Carolina Department of Transportation has installed light poles ranging from
90 feet to 120 feet in height along the frontage to provide for highway safety.
Efland Station will be anchored by a Buc-ee's Travel Center which will create more than
$1,000,000.00 in much needed tax revenue for Orange County and more than 175 good jobs with
starting pay at$15 per hour and benefits,including 3 weeks of vacation,access to health insurance
and a 401(k). All management jobs, with the exception of two management positions brought in
to start the store, will be filled locally.
Buc-ee's Travel Center has identified this site as a good location for their business because of the
existing 125,000 cars traveling daily along Interstate 85/Interstate 40,as well as,Highway 70. The
great majority of visitors to Buc-ee's will already be traveling along the highway and simply stop
to visit the travel center.
In addition to Buc-ee's,the Efland Station Master Plan plans for neighborhood services and retail
shops, full service, sit-down restaurants (drive-thru restaurants are prohibited), a hotel with 120
rooms, offices and financial services,medical uses, and select light manufacturing uses.
The subject property is in the Upper Eno River Watershed outside of the critical watershed area.
Consistent with Orange County's watershed policy,this area that has been designated by Orange
County's 2030 Comprehensive Plan as a Commercial-Industrial Transition Activity Node.
Orange County intends for the most intense uses permitted in the county to be developed in
this area. Development in other areas of the Upper Eno River Watershed has been curtailed to
i
CALIFORNIA I COLORADO I DISTRICT OF COLUMBIA I FLORIDA ( GEORGIA I MARYLAND I MASSACHUSETTS I NEW YORK
NORTH CAROLINA I SOUTH CAROLINA TENNESSEE I WEST VIRGINIA
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allow for intense land uses in the area adjacent to busy highways and the railroad with access to
public utilities.
We offer the following information related to the environmental efficacy of the Efland Station
project:
I. Efland Station requires more open space and allows less building area than the
existing zoning.
Efland Station proposes a maximum of 425,000 square feet of building area with commitments to
no more than 60% impervious area and at least 40% of the site required to be open space. These
commitments far exceed requirements for by-right development under existing zoning, which
development requires no further public review.
The chart below compares development opportunities under the current zoning and as proposed
by Efland Station.
I
Development Intensity Efland Station By-right Development
Under Current Zoning with
No Further Public Review
Permitted Building Area 425,000 s . ft. 2,000,000+s . ft.
Permitted Impervious Area 60% 62.4+ acres 70% 72.8+acres
Required Open Space 40% 41.6f acres 30% 31.2±acres
II. Efland Station includes stormwater mitigations that meet or exceed current,
undeveloped conditions.
The subject property is located in the Upper Eno River Watershed outside of the critical
watershed area. The property is downstream of the West Fork Eno Reservoir(the Town of
Hillsborough's drinking water source) and all Orange-Alamance Water System intake facilities.
There is no opportunity for stormwater from the subject property to reach these public
water supplies.
That being said, Efland Station recognizes that all water eventually flows into a watershed
potentially used for drinking water and is committed to being a good steward of water resources.
Efland Station has committed to meeting the existing nitrogen export load from site in its current
undeveloped state and reducing the phosphorus export load from the site in its current
undeveloped state. The chart below compares the state and county standards, current conditions
on the undeveloped site,proposed standards for Efland Station and by-right development under
current zoning. The Efland Station Master Plan commitments include a significant reduction
from current regulations for nitrogen loading rates and results in lower phosphorous loading rates
than the existing,undeveloped condition.
I
17
Nutrient Export State/County Current Efland By-right
(pounds/per acre/per Standards Condition Station' Development
year) Under Current
Zonin a
Nitrogen 2.20 1.20 1.20 2.20
Phosphorous 0.33 0.52 0.24 0.33
In addition, Efland Station commits to obtaining credits for off-site mitigation in the immediate
area to the extent they are available. By-right development would be permitted to buy credits from
the state credit bank, which may not directly improve the watershed in which the site is located.
III. Buc-ee's Travel Center has never had a reportable fuel leak.
Buc-ee's Travel Center includes a gas fueling facility with 60 gas pumps and 120 fueling positions,
plus at least 10 electric vehicle charging stations. There are many more gas fueling positions
planned than electric vehicle charging stations because there are many more gas vehicles on the
road today. Although electric vehicles are becoming more affordable,today they are not affordable
for most people. As the ratio of electric vehicles increases,so too will the ratio of electric charging
stations. Buc-ee's Travel Center aims to serve the traveling public whatever fuel source they
utilize.
Regardless of the fuel source, the number of fueling positions will remain a minimum ofl20
positions. This number of fueling positions is needed because visitors tend to leave their vehicles
at the fueling positions when they enter the store and often remain in the store for 20-30 minutes.
Buc-ee's store is not a typical convenience store but instead more like a general store that stocks
fresh foods made on the premises, home goods, local (North Carolina) arts and crafts, Buc-ee's
themed merchandise, clothing, hats and the like.
Fuel is stored in underground storage tanks constructed of multi-layered fiberglass/resin, double-
walled tanks with interstitial monitoring for leaks. If a leak is detected, an audible alarm sounds
and an email will be sent to the fuel and environmental team in Efland and in Texas. All federal
and North Carolina system requirements will be met.
The fuel delivery system is the most vulnerable to leaks. As a result, Buc-ee's has designed their
fuel delivery system to exceed applicable environmental requirements. The fuel delivery system
is comprised of double-walled piping with initial probe monitoring in every sump pump connected
to a pipe. Here again, if a leak is detected, an audible alarm sounds and an email will be sent to
the fuel and environmental team in Efland and in Texas. In addition, the fuel control system is
programmed to immediately cut power to any fuel motors which pump fuel when a leak is detected.
This allows for faster detection of any leak, and the immediate shut down feature significantly
reduces the chances of a significant release.
i
a
1 Includes on-site stormwater treatment and off-site mitigation payments
z Includes on-site stormwater treatment and off-site mitigation payments
18
Finally, all stormwater inlets in the fueling areas will be equipped with oil/water separator systems
which will prevent incidental fuel spills at the pump from entering the stormwater system. Buc-
ee's personnel also monitor and manually clean incidental fuel spills at the pump.
IV. Efland Station is committed to water conservation and waste reduction.
Efland Station will utilize low-flow fixtures throughout the development in an effort to conserve
water. Stormwater from the Buc-ee's building roof will be used for irrigation on site. The planned
car wash has been eliminated because of water use concerns.
Efland Station has committed to the standards and guidelines of Orange County Solid Waste
Management. These guidelines provide for the separate treatment of solid wastes, recyclable
materials (including corrugated cardboard) and food wastes.
V. Providing jobs and services within Efland reduces carbon emissions created by
commuting long distances to work and other service uses.
Efland is home to few businesses today. Efland Station will create an opportunity for Efland
residents to work, shop and eat in close proximity to their homes, thereby, reducing carbon
emissions associated with commuting to these necessary activities. In addition, drive-thru
restaurants are prohibited, thus eliminating a common source of vehicle idling.
VI. Efland Station is in accordance with Orange County's Comprehensive Plan,
including commitment to the three spheres of sustainable growth.
The Orange County 2030 Comprehensive plan identifies three spheres of sustainable growth:
social, economic and environmental. Please see the graphic from Section 1.3 of the 2030
Comprehensive Plan below.
FIGURE 1.1:THE THREE SPHERES
OF SUSTAINABLE GROWTH
1
soc41 Ec000mlc
Often termed the"triple bottom line,"sustainable
growth can be achieved in Orange County by
balancing environmental,social,and economic
factors when setting County policies and
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In creating its policies,the Comprehensive Plan addresses the"triple bottom line"created by these
three equally important elements.
The Future Land Use Map of the Comprehensive Plan designates the Property and portions of
nearby land as "Commercial-Industrial Transition Activity Node," which is defined under the j
Comprehensive Plan as:
i
"Commercial-Industrial Transition Activity Node_ Land near major transportation
routes that could be provided with public water and wastewater services and is
appropriate for retail and other commercial uses; manufacturing and other industrial
uses; office and limited (not to exceed 25% of any Node) higher density residential
uses.
It is noted that the Future Land Use Map calls for very few such Commercial-Industrial Transition
Activity Nodes,which reinforces the appropriateness of the location of the Project being squarely
at"major transportation routes" and accompanying interchange of I-40/85 and Mt. Willing Road
and interchange of I-40/85 and I-85 Connector. The appropriateness of the subject property,
including its location along these major transportation routes,for the designation of intensification
for commercial-industrial uses, makes the subject property on of the most appropriate location
within the County for the proposed uses that will support in a balanced manner the corresponding
community planning goal for providing job opportunities of area residents.
The Property is located within the Southeast portion of the planning area of the Efland-Mebane
Small Area Plan, a portion of the planning area that "enjoys access to major transportation
facilities including Interstate 40185 and the US 70 Connector. Because of this, development
potential for the area is high."
Orange County planned for the subject property to be utilized in this manner.
Efland Station fulfills Orange County's plans for the subject property and meets or exceeds all
environmental regulations. We hope that you will join the Orange County Planning Board and the
Orange County Economic Development Advisory Board in supporting the Efland Station project.
With best regards,
Elizabeth C. Trahos
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LFLAND
STATION
RESPONSE TO INNACURATE & FALSE INFORMATION
Efland Station thanks the hundreds of Orange County residents who participated in the public input process as
we seek to bring a mixed-use development to an underserved part of the county. Unfortunately, a number of
individuals opposed to Efland Station cited inaccurate or false information during their public comments. As
Orange County Commissioners begin their discussions to approve the rezoning request, it is important that the
public record be corrected on a number of fronts.
1) False: Buc-ee's is not conducive to Orange County's goal of transitioning toward electric vehicles and
away from gasoline powered vehicles
These assertions are not true and ignore Buc-ee's commitment to install an Electric Vehicle Charging
Station infrastructure. Buc-ee's will initially install no fewer than 10 Electric Vehicle stations, which will
increase by more than 50 percent the number of EV stations currently available in ALL of Orange County.
Opponents failed to cite the fact that true "Plug-In" EVs (not hybrids that rely on a combustion engine and
use gasoline) amount to less than 1% of all vehicles on the road today. Buc-ee's Charging Stations will
account for 8% of the total fueling positions, thus serving as a model for other companies. As more EV's
become prevalent, Buc-ee's will transition accordingly.
2) False: Buc-ee's Fuel Storage Tanks Negatively Impact Environmental Quality
A number of opponents all cited a Columbia University study that looked at "two large gas stations"
for "approximately three weeks." A short study of two gas stations that are not identified by size,
construction, type or age of the tanks and vents should not be the basis for alleging negative
environmental impact. Other studies and verification should be obtained before giving this particular study
credence. Even if the study is accurate, which we do not concede, the study advocates not for the
abolition of gas stations but for increased setbacks. The Efland Station Buc-ee's is located central to the
100-plus acre site with ample setbacks from adjacent properties all around it.
Opponents also stated that Buc-ee's gas pumps will vent 600 gallons of fuel per day at half capacity. This is
simply false. There is no evidence in any of our operating gas stations to support such an assertion. All of
Buc-ee's fuel storage and delivery systems are state-of-the-art and engineered, constructed, installed,
inspected and operated to meet or exceed all federal, state, and local requirements.
No Buc-ee's Travel Center has ever experienced a reportable release. Fuel storage and delivery at the
Efland Station location will be monitored 24 hours a day, 365 days a year, and we will be prepared with on-
site cleanup protocols and immediately activate response teams if needed.
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3) False: Efland Station is a general threat to Hillsborough and Orange-Alamance Water systems
This not only a false assertion, but it is physically impossible for it to happen. The site location is
downstream of the West Fork Eno Reservoir (Hillsborough source) and downstream of all Orange-
Alamance Water System Intake facilities. These facts have been confirmed by the Orange County Planning
Department.
4) Efland Station Stormwater controls are inadequate
Efland Station will provide stormwater quality systems that will reduce both nitrogen and
phosphorus loads beyond what is required by Orange County strict standards. In the case of phosphorus,
the system will reduce levels to below what is being currently produced as an undeveloped cattle pasture.
These facts have been confirmed by the Orange County Planning Department.
Efland Station will be developed in accordance with the Orange County 2030 Comprehensive Plan
promulgated to protect 20,000 acres of critical watershed basins. Efland Station accounts for 100 acres of
the 2000 acres specifically designated for commercial development defined as a Commercial-Industrial
Transition Activity Node between an Interstate and a railway.
5) False: Efland Station Stormwater controls use the "Preserved Green Space" thereby rendering them "not
preserved"
TruE Efland Station will create Preserved Green Space as what it is intended to be: 40 acres of pervious
green area including undisturbed wetlands and properly buffered streams, walking paths, managed
landscaping, and detention ponds. No more than 10 acres of the 40 acres will be used as stormwater
quality devices. These facts have been confirmed by the Orange County Planning Department.
6) Rezoning the property to MPD-CZ is less beneficial to the area than the "by-right" ORM zoned
development
While the benefits of the Efland Station proposed uses can be subjectively reviewed, the hard
number comparison between the two zoning designations clearly shows the benefits of MPD-CZ status:
i. Impervious Cover: 70%for ORM Development; 60% for Efland Station.
ii. Required Open Space: 31 acres for ORM; 41 acres for Efland Station.
iii. Permitted Building Area: 2MM square feet for ORM; 425,000 square feet for Efland Station.
There were also false assertions that ORM zoned developments, such as a million square foot distribution
facility and 500,000 square feet of light manufacturing, would be open to scrutiny and public input before
being approved. That is not the case. The County Commission and public has significantly more input for
MPD-CZ zoning projects. These facts have been confirmed by Orange County Planning Department.
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7) False: Efland Station is a Water and Sewer Consumption Glutton
False data or willful ignorance is the source of this claim. Buc-ee's utility use estimates, shared with
Planning Department, are taken specifically from a multitude of fully operating Buc-ee's stores with years
of historical data. At full build-out, Efland Station Water Usage will consume less than 20% of available
capacity. Efland Station Sewer Usage will consume less than 1S% of available capacity.
Buc-ee's will also construct its first ever rainwater collection system for irrigation purposes. We have
voluntarily deleted the carwash as part of the re-zoning application, and we will follow or exceed all
standards required by OC Solid Waste Management.
8) False: Buc-ee's is limited to water consumption of 10,000 GIRD per UDO 4.2.3.
True: Opponents who cited this reference failed to note that this limit refers to industrial users that
incorporate water into their manufacturing process. It is not applicable to Efland Station.
9) False: Buc-ee's is a horrible place to work
Multiple opponents cited website references and job sites such as Indeed.com to claim that Buc-ee's
is not a suitable employer for Orange County. These speakers were very selective in their reviews. A visit to
the Indeed.com website shows:
i. Buc-ee's Employer Rating is 3.0 using a 5-Star system.
1. For context, Orange County's Employer rating is 3.7 out of 5.
ii. Buc-ee's has almost an equal number of 5-Star Rating (134) as 1-Star Ratings (144).
Buc-ee's is proud of our work environment and opportunities provided to more than 4,000 current
employees.
10) False: Buc-ee's management and higher paying jobs are given to existing employees from Texas:
True: Opponents continue to ignore or disregard Buc-ee's repeated commitment that other than the
General Manager and one other manager who will transfer from existing stores, all other hires (200 Full
Time) will come from the local community. This includes as many as 20 store management positions.
11) False: Traffic Will Be "A Nightmare"
Statements about traffic patterns have been distorted or taken out of context. All of our data for
traffic generation has been reviewed and approved by NCDOT. All of our data for traffic generation comes
directly from Buc-ee's operating stores and years of historical data. Repeated references to our
Robertsdale store and the requirement of Buc-ee's Blvd to be built by state or federal money are patently
false; the "900-foot length" of an existing county road was renamed to Buc-ee's Blvd to enhance traffic
flow with signage at the adjacent intersection.
NDCOT has conceptually approved our traffic plan as a safer, more efficient, and long-term solution to a
growing problem acknowledged by NDCOT and the County. The proposed traffic plan allows for a
renewed discussion for the completion of the south and west bound connections from 1-85 to Highway 70
and a realignment of Ben Johnston Road.
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Attachment 8
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant initiated amendment to the Zoning Atlas to rezone 2 parcels as follows:
Parcel Township Owner of Current Zoning District Proposed Zoning District
Identification Record
Number
(PIN)
9854-16-1576 Cheeks SL Efland Office Research Master Plan Development
Heirs LLC Manufacturing (O/RM); Conditional Zoning (MPD-CZ)
Upper Eno Protected Efland Station;
Watershed Protection Upper Eno Protected
Overlay District ; Watershed Protection Overlay
Efland Interstate Overlay District ;
District; and Efland Interstate Overlay
Major Transportation District; and
Corridor (MTC) Overlay Major Transportation Corridor
District (MTC) Overlay District.
9854-36-3711 Cheeks Chad Lloyd Office Research Master Plan Development
Land Manufacturing (O/RM); Conditional Zoning (MPD-CZ)
Investment Upper Eno Protected Efland Station;
Company Watershed Protection Upper Eno Protected
LLC Overlay District ; Watershed Protection Overlay
Efland Interstate Overlay District ;
District; and Efland Interstate Overlay
Major Transportation District; and
Corridor (MTC) Overlay Major Transportation Corridor
District (MTC) Overlay District.
The Board of County Commissioners finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Overarching Goal: Coordination of the amount, location,
pattern and designation of future land uses, with availability of
County services and facilities sufficient to meet the needs of
Orange County's population and economy consistent with other
Comprehensive Plan element goals and objectives.
The County and City of Mebane have engaged in numerous
studies/joint planning efforts over the last several identifying
24
areas viable for the extension of utilities (i.e. sewer) in
support of high intensity residential and non-residential land
uses.
The requested rezoning will allow development consistent
with the overall spirit and intent of the adopted
Comprehensive Plan as well as applicable joint planning
efforts completed by the County and the City with respect to
providing utility (i.e. sewer) services.
This area was part of a small area plan, specifically the
Efland-Mebane Small Area Plan (hereafter `the Plan'),
adopted by the County in 2006. The purpose and intent of
the Plan was to identify areas for urban style development
focusing on viable locations for housing, community
services, open space areas, and non-residential
development.
Upon adoption, the UDO was amended creating various
overlay districts designed to implement the goals/policies of
the adopted Plan.
One of these districts was the Efland Interstate Overlay
District.
Per Section 4.4 of the UDO the intent of the overlay district is
to: `... provide for a more urban style of development in an
area of the county served, or intended to be served, by
public water and sewer systems'.
The properties subject to this rezoning request have been
pre-determined to be suitable for urban style development
and higher intensities consistent with the Plan.
• Objective LU-1.1: Coordinate the location of higher intensity / high
density residential and non-residential development with existing or
planned locations of public transportation, commercial and
community services, and adequate supporting infrastructure (i.e.,
water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable
densities and creating new mixed-use zoning districts where
adequate public services are available. (See also Economic
Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and
Wastewater Objective WW-2.)
The atlas amendment is consistent with this goal and
objective with the approval of a rezoning of property creating a
district allowing for the development of high density non-
residential land uses in an area of the County designated for
the location of adequate supporting infrastructure (i.e. water
and sewer).
The rezoning is also consistent with the goals/policies of the
Efland-Mebane Small Area Plan, which identified the area in
question as being suitable for higher intensity, urban scale,
development due to the proximity to the Interstate and
availability of utility services (i.e. water/sewer).
25
c. The amendment is reasonable and in the public interest because it:
1. Expands economic development prospects within the County, while
continuing to protect adjacent and nearby land uses, consistent with the
Comprehensive Plan as well as adopted Small Area Plans for the area.
The atlas amendment involves the approval of a master plan
establishing a detailed list of allowable non-residential land uses to
aid in the marketing on an area designated within the
Comprehensive Plan as being suitable for high intensity non-
residential development.
The expansion is consistent with County and City of Mebane plans
outlining those parcels suitable for service by sewer that are prime
for high intensity non-residential development.
Further, the approved master plan establishes mandatory land use
buffers and setbacks for development within the project to ensure
off-site impacts are mitigated.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Rene Price, Chair Date
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ORD-2020-030
Attachment 5
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by
Buc-ee's Limited (hereafter `the Applicant') seeking to amend the Orange County Zoning
Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance
(UDO); and
WHEREAS, This petition seeks to rezone 2 parcels totaling approximately 104 acres
of property to Master Plan Development Conditional Zoning District (MPD-CZD) for the
purpose of developing the Efland Station development (hereafter `the Project); and
WHEREAS, The properties subject to this rezoning are identified, utilizing Orange
County Parcel Identification Numbers (PIN), as:
i. A 92 acre tract of land PIN 9854-16-1576, and
ii. A 12 acre parcel of land PIN 9854-36-3711
hereafter `the Property'; and
WHEREAS, The applicant has voluntarily chosen to establish development and land
use limitations on the Project to address potential conflicts with surrounding properties; and
WHEREAS, This petition has been submitted in concert with a formal master plan in
accordance with the provisions of Section 2.9.2 (C) of the UDO; and
WHEREAS, the requirements of Section 2.8 and 2.9.2 of the UDO have been
deemed complete; and
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonably necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the
Orange County Zoning Atlas is hereby amended to rezone aforementioned 2 parcels of
property to Master Plan Development Conditional Zoning (MPD-CZ) and allow
development of the Project as detailed within the submitted application.
BE IT FURTHER ORDAINED THAT The terms and conditions contained herein
shall encumber the Property and bind the owners and lessees thereof, their successors
in title and interest. The development of the Project as well as all necessary site
improvements, both internal and external to the Project, shall be reviewed, approved, and
developed in accordance with:
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a. The applicable provisions of the Orange County Unified Development
Ordinance (UDO),
b. Any and all applicable Federal, State, and local regulations, and
c. The application package, including traffic impact analyses, as submitted by the
Applicant and as approved by the Orange County Board of Commissioners on
BE IT FURTHER ORDAINED THAT in accordance with Section 2.9.2 (F) of the
UDO the approval of this Conditional Zoning application is subject to the following
mutually agreed to conditions:
I. GENERAL:
a. Approval of the Project does not constitute an explicit guarantee for utility
services (i.e. water and sewer) by either the City of Mebane or Orange-
Alamance Water System (OAWS). Provision of services shall be consistent
with applicable utility connection policies and/or any existing utility
agreements between the City of Mebane, OAWS, and Orange County;
b. Approval of the Project does not constitute an explicit guarantee for
roadway closures/development as denoted on the Master Concept Plan.
Closure of the existing Exit 160, and development of right-in/right-out
driveways on the existing Interstate on/off ramp, shall require additional
review/hearings as part of NC DOT and Federal Highway Administration
(FHWA) processes taking action on the request independent on this
approval.
If roadway realignment is approved, the Project will move forward consistent
with the approved plan. If denied, the applicant will have to address
necessary modification(s) at a future date.
c. The Project shall be composed of 2 individual properties totaling
approximately 104 acres of land area further defined as follows:
i. PIN 9854-16-1576: An approximately 92 acre parcel currently
zoned:
1. Office/Research and Manufacturing (O/RM);
2. Upper Eno Protected Watershed Protection Overlay District;
3. Efland Interstate Overlay District; and
4. Major Transportation Corridor (MTC) Overlay District.
ii. PIN 9854-36-3711: An approximately 12 acre parcel currently zoned:
1. Office/Research and Manufacturing (O/RM);
2. Upper Eno Protected Watershed Protection Overlay District;
3. Efland Interstate Overlay District; and
28
4. Major Transportation Corridor (MTC) Overlay District.
NOTE: Overlay District boundaries/designations are not impacted by this
proposal.
d. The Zoning Atlas for Orange County shall be designated MPD-CZ.
Development shall be in accordance with the approved application packet,
master concept plan, and the conditions detailed herein.
II. SITE PLAN:
a. All site plans proposing development within the Project shall be reviewed
by City of Mebane and OAWS staff as part of existing courtesy review
agreements;
b. All site plans shall provide detail denoting the anticipated daily water and
sewer needs for proposed land use(s). Further, all submitted site plans
shall track cumulative water/sewer allocation for each proposed land use as
part of submittal(s).
A lack of water and/or sewer capacity shall result in the denial of the site
plan;
c. Consistent with existing inter-local utility agreements between Orange
County and the City of Mebane, and the approved Application, the Project
will have a daily sewer utility allotment of approximately 77,000 gallons a
day of sewer service.
Site plans proposing development/land uses exceeding cumulative daily
sewer allotments shall be required to provide documentation from the City
of Mebane indicating there is sewer capacity to serve the proposed
development;
d. Prior to the approval of a site plan allowing development within the Project,
the County will need documentation from OAWS indicating there is
sufficient water capacity to serve the Project. A lack of water capacity for a
proposed use shall result in the denial of the site plan;
e. The Orange County Staff Engineer, OAWS staff, and the City of Mebane
Utility Director shall review and approve location(s) of proposed water and
sewer lines prior to site plan approval and the initiation of land disturbing
activity;
f. The Orange County and City of Fire Marshal(s) shall review and offer
comment on:
i. Road layout and construction methodology,
ii. Location of fire lanes,
iii. Location of fire hydrants, and
iv. Location of the proposed stand-pipe(s).
as part of all site plan review.
29
g. Each site plan shall be required to demonstrate compliance with Section
6.16 Environmental Assessment of the UDO. In those cases where
development exceeds established thresholds, a formal Environmental
Impact Statement (EIS) may be required allowing for site plan approval;
h. In addition to the standards detailed in Section 2.5 of the UDO, all
landscaping plans shall include information denoting the proposed method
of care (i.e. underground sprinklers, maintenance personnel, etc.) for the
development.
i. Identified conflicts associated with landscaping shall be resolved prior to the
approval of the site plan for a given project;
j. For all site plans submitted for the Project the Efland Volunteer Fire
Department shall be considered a member of the County Development
Advisory Committee (DAC) as outlined in Section 1.9 of the UDO to review
a projects compliance with applicable development standards including, but
not necessarily limited to: land use regulations, conditions of MPD-CZ
approval, applicable State fire/building codes.
k. Site plans shall contain documentation outlining proposed and/or existing
cumulative impervious surface area as well as building/open space ratios
within the Project.
III. DIMENSIONAL STANDARDS:
a. The Project shall observe a building square footage limit of 500,000 sq.ft.
consistent with the submitted and approved Traffic Impact Analysis (TIA)
approved as part of this master concept plan.
Additional floor area may be developed with the submittal of a revised,
updated, TIA processed and reviewed in accordance with the provisions of
the UDO.
b. Height — Principal Structures: Consistent with the definition of building
height in Article 10 Definitions and Section(s) 6.2.2 and 6.5 3 of the UDO,
the following height limitations shall be observed within the Project:
i. Development Area(s) 1 and 5: 40 ft.
ii. Development Area(s) 2 and 3: No structure shall exceed 5 stories or
60 ft. in height;
iii. Development Area 4: No structure shall exceed 6 stories or 72 ft. in
height. This shall be limited to the proposed Short-Term Rental Non-
host occupied land use.
iv. Development Area 6: 40 ft.
There shall be an allowance of an additional 10 ft. of building height to
accommodate telecommunication equipment, utility infrastructure including
elevator housing, and alternative energy devices.
30
Measurement shall be taken from finished grade at the center point of the
front building fagade.
measure to
rnidw$y poirir
between edge
measure 10 and eaves measure+o
hlghni point / r,'-deck tine
of coping
builder hegghr
Rill road H1P rim? GaNed roo{ Shed food M&Mrd
ronf
measured from finlened
grade ai cwterpoinl of
Irons building raude
NOTE: drawing for illustrative purposes only. Determination of height shall be consistent
with applicable County land use regulations, the various conditions herein, and shall be
determined prior to site plan approval.
c. Height — Water Tower Accessory Structure: Shall not exceed 110 ft. in
height including any/all antenna apparatus erected on same.'
d. Setbacks: The Project shall observe the following setbacks:
Property Line: Freestanding Vehicular Use Areas: Signage:
Building/Structures:
Interstate 85/40 100 ft. including any gas 100 ft. and 40 ft. 10 ft. 3
right-of-way station canopy or fuel consistent with the
pump. proposed MTC buffer
break denoted on the
approved Master
Concept Plan 2
US Highway 40 ft. 4 40 ft. 4 10 ft. 5
70/Interstate
Connector
Road right-of-
way
1 The applicant is requesting language be modified to indicate water tower height shall be based on utility service
needs rather than an arbitrary height limit.
z Staff is comfortable with the proposed vehicular use area setback as the condition is written. The applicant is
proposing a managed break in the MTC buffer,consistent with existing allowances. They are, however, proposing
to have landscaping in this area where none would normally be required. Staff is comfortable with the provision.
3 Staff will be recommending a minimum 25 ft.setback for signage erected adjacent to an Interstate right-of-way.
4 Staff is recommending 50 ft.
5 Staff is recommending a minimum 20 ft.setback for signage erected adjacent to the road right-of-way.
31
Property Line: Freestanding Vehicular Use Areas: Signage:
Building/Structures:
Mt. Willing Road 40 ft. 6 40 ft. 6 10 ft.
right-of-way 100 ft. from
residential land uses.7
External 40 ft. 8 40 ft. 9
Property Lines
Development 10 ft.10 10 ft.11 5 ft. from private right-
Area 1 - Internal of-way
setbacks 10 ft. from public
right-of-way 12
Other 20 ft. 20 ft. 5 ft. from private right-
Development of-way 1s
Areas - Internal
setbacks
e. Open Space: 40 acres (38%) of land within the Project shall be preserved
as open space area. No building and/or parking areas shall be permitted.
Walking trails, picnic tables, and/or other recreation amenities may be
permitted consistent with the standards contained herein and in accordance
with the provisions of the UDO;
f. Cumulative impervious surface area for the Project shall not exceed 62%.
IV. ACCESS AND TRANSPORTATION: In addition to the requirements of Section
6.10 Roadway Improvements and Multi-modal Transportation of the UDO the
following standards shall apply:14
e Staff is recommending 50 ft.
'Staff is seeking confirmation from the applicant this includes 100 ft.from residentially zoned property west of Mt.
Willing Road.
8 Staff is recommending the following: 100 ft.from external property lines abutting a residential land use/zoned
parcel of property and 50 ft.adjacent to a non-residential land use/zoned parcel of property.
'Staff is recommending 50 ft.
10 Staff is recommending 20 ft. The Master Concept Plan denotes a variable 15 to 20 ft. landscape buffer
separating vehicular use/building area from internal rights-of-way. Staff's proposed setback preserves this
landscape area as shown.
11 IBID.
12 As all roadways are to be constructed to public right-of-way standards,and site visibility will be a concern,staff
recommends a 10 ft.setback for signage from internal roadways.
13 Staff is recommending a 10 ft.setback.
14 As detailed in the December 15, 2020 staff abstract,staff has recommendations)on the imposition of additional
conditions for access drives off of the Interstate on/off ramp as well as westbound Exit 160.
32
a. Internal streets shall be privately maintained;
b. External roadway construction/improvements shall be completed or
appropriately bonded prior to the issuance of a Certificate of Compliance (C
of C) allowing the occupancy of a structure triggering completion of same;
c. External roadway improvements shall be constructed in accordance with
NC Department of Transportation requirements and guidelines, approved
Traffic Impact Analysis (TIA), and the standards outlined herein;
d. Final roadway layout, including pavement widths and driveways, shall be
approved by the Orange County Fire Marshal's office and NC DOT as part
of the final site plan review process required under Section 2.5 of the UDO
and as detailed herein;
e. Phase 1 shall involve development of a gravel access road off of Mt. Willing
Road for emergency vehicle access. When the final driveway access
allowing access to the Project from Mt. Willing Road is constructed, this
gravel roadway can be eliminated;15
f. Site plan submittals shall be required to demonstrate internal/external traffic
improvements necessary to address development impacts consistent with
the submitted Transportation Impact Analysis (TIA);
g. Any and all internal streets, sidewalks, bicycle lanes, etc. shall be
designated for public access/use for employees/customers/visitors to the
site;
h. Driveway permits, when required, shall be applied for and issued by the
North Carolina Department of Transportation;
i. Orange County and North Carolina Department of Transportation shall
approve the location of all proposed external utility poles housing street
signals prior to installation;
j. Segregated entrances and exits for pedestrian, construction vehicle, and
non-construction vehicular traffic shall be developed to avoid conflict during
construction activities for internal roadways;
k. Any required or requested bus pullouts and/or transit shelters shall be
constructed to serve the Project consistent with transit plans adopted by
Orange County and shall be developed in accordance with the following:
i. Outside of Development Area 6, there shall be a maximum of 2 bus
stops serving the Project. Location of these stops shall be
determined with each site plan submittal;
ii. Each transit stop shall be a covered and enclosed on 3 sides to
shield users from the elements,
is The applicant is proposing a gravel roadway for emergency vehicle access(i.e.fire, EMS,Sheriff,etc.)to the
Project. This has been approved by the County Fire Marshal. Staff would prefer the proposed driveway access
from Mt.Willing Road be constructed in Phase 1 making it easier for Efland residents to access the Project.
33
iii. Kiosks shall be developed to provide transit information, including
schedule and route information, and shall be illuminated to five (5)
average maintained foot-candles.
I. Traffic directional signage shall be required for all internal and external
roadway as directed by Orange County and the North Carolina Department
of Transportation including but not limited to:
i. Stop signs,
ii. Yield signs,
iii. Bus parking and unloading informational signs
iv. Lane ends,
v. Merge signs,
vi. Caution Pedestrian Traffic — Yield Signs,
vii. Traffic safety signs designed to direct construction traffic throughout
the site,
viii. Traffic warning signs indicating the location of private driveways and
forbidding public access to the various properties, and
ix. Through traffic signs.
m. Applicant shall be responsible for designating a speed limit for the Project,
posting signage denoting same;
n. Development of Area 6 shall be coordinated with the applicant, NC DOT,
and Orange County Transportation Services consistent with the standards
detailed herein and within the UDO. The applicant bears no responsibility
for the development of Area 6.
V. PERFORMANCE STANDARDS:
a. The Project shall comply with Section(s) 6.4.2 through 6.4.7 of the UDO
inclusive;
b. Solid Waste Management: The following specific standards shall apply:
i. Development within the Project shall contract for the private
collection and disposal of solid wastes and for the collection and
marketing of mixed recyclables (including corrugated cardboard),
and food waste;
ii. All site plans shall designate external space for the proper storage
and collection of solid waste, recyclable materials (including
corrugated cardboard) and food waste;
iii. Storage/collection areas shall be located in such a manner as to
provide convenient access for users of the facility and for safe and
efficient access by collection vehicles. Their location shall be
reviewed and approved as part of the site plan submittal/review
process.
34
External space for collection of solid waste and recyclable materials.
Materials collected shall be consistent with the County's Solid Waste
Management ordinance. Waste collection areas shall be located in
such a manner as to provide convenient access for users of the
facility and safe passage for service vehicles.
iv. In those cases where storage/collection areas are located across
property or district lines for shared areas, developer shall prepare
and record a joint access agreement, including a shared
storage/collection facility agreement, establishing the sharing of the
proposed storage/collection facility and that they can be serviced
across property lines or district lines.
This agreement shall be reviewed and approved by Orange County
Solid Waste and representatives of the County Attorney's office;
v. For food service and lodging operations, space shall be reserved for
the storage/collection of food waste collection;
vi. The layout and design of waste/storage facilities for solid wastes,
recyclable materials (including corrugated cardboard), and food
wastes shall comply with the standards and guidelines of Orange
County Solid Waste Management (OCSW) and the Orange County
Environmental Health Food & Lodging Division.
Further, such waste/storage facilities shall be designed and situated
so not to negatively affect adjacent properties; and shall be located
so not to impact internal traffic flow or located in loading zones.
vii. The following standards notes shall be placed on all site plan(s)
addressing compliance with the County's Regulated Recyclable
Materials Ordinance (RRMO):
1. Clean wood waste, scrap metal, and corrugated cardboard
present in construction and demolition waste shall be
recycled;
2. All haulers of construction and demolition waste shall be
licensed with OCSW;
3. Prior to the issuance of a permit to demolish any structure five
hundred (500) square feet or greater in size, the permitee or
owner shall have requested and received a deconstruction
assessment by OCSW Enforcement staff in accordance with
the RRMO.
viii. The following additional notes shall be provided on any submitted
site plan:
1. Gate design will include gate retainers.
2. Orange County will not be responsible for any pavement
damage that may result from service vehicles.
35
3. The developer shall reserve space within all solid waste
collection areas for segregated grease rendering/recycling
collection facilities and shall provide space for segregated
food waste collection near the delivery entrance for any
building that houses, proposes to include, or may at some
future date incorporate a restaurant, cafeteria, bar, or other
food service facility at any time.
4. All solid waste containers, dumpsters, recycling bins, etc.
shall be located within an enclosure, buffered in accordance
with the standards contained herein, and meeting the
following criteria:
a. Loading areas shall be designed and situated not to
negatively affect adjacent properties.
b. Solid waste enclosures shall be so located as to not
impact internal traffic flow,
c. Loading zones shall not be located within areas
designated as housing for solid waste facilities.
c. Architectural Design: In addition to the standards detailed in Section 6.5
of the UDO, the following specific standards shall apply to the Project:
i. Development Area 1:
1. Development shall abide by the information detailed in Exhibit
1 of the approved Application package.
ii. Development Area(s) 2 through 5:
1. Permitted exterior finishes and/or siding materials shall be
limited to:
a. Cement/concrete siding, such as Hardi-plank,
b. Brick and/or stucco,
c. Concrete in pre-cast or cast-in-place (CIP)
applications.
i. Where utilized, large expanses shall be broken-
up and modulated with architectural variations
like scoring, reveals, ornamental
embellishments, etc.
d. Concrete masonry units (CMU's) limited to:
i. Standard block, painted for service areas out of
public view, rears of parapets, etc. OR
ii. Split-face and/or ground face CMU's
36
e. Dry-stack and/or ashlar stone shall be permitted only
when utilized as an identifying characteristic for a
structure.
f. All storefronts and glass walls shall utilize glazing.
Reflective and/or mirrored glass is prohibited.
2. Roofs shall abide by the following standards:
a. Roof design that serve to enhance the capture of
natural light shall be encouraged;
b. All rooftop HVAC equipment, elevator overrides, and
other similar devises shall be screened utilizing 1 of the
following methods:
i. Clad in exterior materials that are non-reflective
or illuminated, OR
ii. Designed as an architectural feature of the
proposed structure, OR
iii. Screened through some vegetative buffer or
fencing.
c. Solar panels shall be allowed to be installed along roof
tops, including raised panels to allow for tracking of the
sun's rays, in accordance with the following:
i. The panels shall oriented or designed to
prevent glare, and
ii. Roof mounted panels shall be screened from
view at through an architectural feature.
iii. Metal roofs shall be non-reflective and
designed to blend in with the architecture of the
building.
d. Ground mounted solar shall be screened from view by
fencing or vegetative buffer.
e. Sloped standing seam metal roofs shall be permitted
as long as they are designed to blend in with the
architecture of the building and the district,
f. Flat roofs comprised of TCP, EPDM, rubber single-ply
membrane and other similar products shall be
permitted as long as the applicant demonstrates that
the roof shall be hidden or shielded from the public's
street view through the use of parapets, railings, or
balusters.
37
3. Service Areas & Mechanical Equipment shall be screened
from the adjoining Public Roads with walls designed to
complement the building architecture of the adjacent
buildings and/or landscaping. Architectural features such as,
but not limited to, banding, medallions, changes in color or
design features or materials will be provided to avoid a
sterile, unarticulated blank treatment of such walls;
4. Screening of Structures. Meter banks, transformers and
similar utility structures will be screened where visible from
public view at grade level;
5. Backflow Preventers. Above ground back flow preventers
and transformers will not be located within the Open Space
Areas or within the required Urban Open Space unless they
are required to serve the Open Space Areas in which they
are located. Above ground back flow preventers and
transformers that are located within the Open Space Areas
as allowed by this Section will be screened;
6. Mechanical Equipment Screening. Roof top HVAC and
related mechanical equipment will be screened from public
view at grade level at the right-of-way location;
7. Dumpster Screening. Dumpster areas and recycling areas
will be enclosed by a solid wall or fence with one side being
a decorative gate. The wall or fence used to enclose the
dumpster will be architecturally compatible with the building
materials and colors used on the principal building;
8. Accessory Buildings. Any and all accessory buildings and
enclosures whether attached to or detached from the main
building, including automatic teller machines, shall be
designed to complement the site architecture and shall be
integrated with the same scale, texture, color and detailing of
adjacent architectural design;
9. The applicable components of the Project will comply with
applicable provisions of the ADA;
10 Any required deviation to address NCDOT drive slope
requirements shall be limited to occur along access drives
and/or between individual districts to avoid internal tract
slope conflict creating accessibility issues.
iv. Development Area 6: Development within this area shall be
consistent with County architectural guidelines.
d. Landscaping/Buffering: In addition to the standards contained in Section
6.8 of the UDO, the following specific standards shall apply to the Project:
38
i. All required landscaping shall be installed and maintained by the
developer or their successor in perpetuity;
ii. Existing vegetation shall be preserved, where possible, in identified
buffer areas as indicated on the approved Master Concept Plan. If
existing vegetation is utilized, a minimum of fifty percent (50%) of the
critical root zone of the existing tree must be within the buffer and
must remain undisturbed in order to apply towards land use buffer
standards;
iii. If a portion of any land use buffer must be disturbed to facilitate
development, the disturbed portion shall be re-planted consistent
with the approved Landscape Buffer Plan (Sheet C-6.0)of the Master
Plan;
iv. Landscaping shall comply with the following:
Buffer Type (denoted Planting(s) — per 100 linear ft.
on Master Concept
Plat)
10' or 20' Type A . 1 Deciduous Canopy Tree
Mixed Option
• Deciduous Understory Tree
• 2 Evergreen Understory Trees
• 13 Shrubs
40' Type C . 7 Deciduous Understory
Overhead Utility Trees
Option • 5 Evergreen Understory
Trees
• 30 Shrubs
40' Type C . 3 Deciduous Canopy Trees
Mixed Option • 1 Evergreen Canopy Tree
• 2 Deciduous Understory Trees
• 5 Evergreen Understory Trees
• 40 Shrubs
40' Type B . 2 Deciduous Canopy Trees
Deciduous Option • 2 Deciduous Understory Trees
• 12 Shrubs
Enhanced • 6 Deciduous Canopy Trees
40' Type D • 1 Evergreen Canopy Tree
• 4 Deciduous Understory Trees
Mixed Option . g Evergreen Understory Trees
70 Shrubs
39
• 6 ft. tall fence erected at the
edge of landscaping
100' Type F 10 Deciduous Canopy Trees
Deciduous Option 13 Deciduous Understory Trees
80 Shrubs
200' Type F 10 Deciduous Canopy Trees
Deciduous Option 13 Deciduous Understory Trees
80 Shrubs
v. Planting Requirements — Street Trees. All required street trees will
be installed along existing and proposed public streets, not including
alleys, when above and below ground utilities and stormwater
infrastructure allow as shown on the Landscape Buffer Plan (Sheet
C6.0) included in the Rezoning Plan. Street trees shall be at least 1'/2
inches in caliper at time of planting. Canopy trees required as part of
land use buffers may also be applied towards the Street Tree
requirement.
vi. Planting Requirements — Between Lot Plantings: Between lot
plantings will not be required on any Development Area except as
shown as shown on the Landscape Buffer Plan (Sheet C6.0)
included in the Rezoning Plan.
vii. Planting Requirements — Foundation Plantings: The required
foundation plantings shall be in accordance with the following:
1. Development Area 1: Plantings will be provided within
proximity to all buildings using the following standards:
a. Landscape islands will be directly adjacent to the
primary sidewalks to each building. Total square
footage provided for all landscape islands will be
equivalent to 5 feet times the total length of the three
primary sides (excluding the rear) of all buildings.
Landscaping will not be placed in direct proximity to the
building foundation due to safety and foundation
infiltration concerns.
2. Development Areas 2 — 6: Landscape area at least five feet
(5') wide for a minimum of fifty percent (50%) of the primary
frontage side of the building.
viii. Interior landscaping shall be consistent with the following:
1. In-general:
40
a. Unless otherwise modified herein, parking lot
landscaping shall be provide consistent with Section
6.8.7 (d) (2) of the UDO;
b. Shade trees shall be provided at a ratio of one (1), one
and one half-inch (1.5") minimum caliper tree for every
ten (10) car parking spaces; Caliper size is measured
at the time of planting;
c. No more than ten parking spaces shall be permitted in
any single continuous row without being interrupted by
a terminal landscape island except when directly
adjacent to a building.
No terminal landscape islands will be required for the
first row of parking spaces when directly adjacent to
any side of any building;
d. When required, terminal landscape islands will be a
minimum of 200 square feet and may include pavers
and / or decorative stone within the required 200
square feet of the landscape island;
e. Each terminal landscape island will be planted with a
minimum of one canopy tree, as well as shrubs and /
or ground cover.
2. Development Area 1:
a. No landscape area shall be provided between the
vehicular use areas and the right of way or adjacent
property line except as shown on the Landscape Buffer
Plan (Sheet C6.0) included in the Rezoning Plan.
Plantings required as part of the Land Use Buffers may
be used to satisfy this requirement; 16
3. Development Areas 2 through 6:
a. A landscape area at least five feet in width (which may
include drainage and/or utility easements) shall be
installed within parking areas. Plantings required as
part of the Land Use Buffers may be used to satisfy this
requirement. 17
ix. Rainwater harvesting shall be encouraged to serve as irrigation for
landscaping including the use of all regional stormwater ponds
developed within the Project.
16 Staff recommends a 10 ft.vegetated buffer shall be provided between vehicular use areas, including parking
stalls,and internal access roads. These areas should exclude drainage/utility easements. Also this language
contradicts applicant's recommended condition(s)on encouraging/promoting internal landscaping.
17IBID.
41
x. The Project shall comply with the provisions of Section 6.6.4 of the
UDO related to preservation of required buffers within the Major
Transportation Corridor (MTC) overlay district. This includes the
ability to create visual breaks in the buffer in accordance with Section
6.6.4 (A) (5).
g. Parking: In addition to the standards contained in Section 6.9 of the UDO, the
following specific standards shall apply to the Project:
i. Space(s) shall be required based on the following standard(s):
1. Retail: 1 space for every 300 sq.ft. of gross floor area;
2. Bank/Financial Institution: 1 space for every 200 sq.ft. of
gross floor area. 5 stacking spaces shall be provided per
individual drive-in window;
3. Office: 1 space for every 300 sq.ft. of gross floor area;
4. Eating and Drinking Establishment: 1 space for every 40
seats or 1 space for every 50 sq.ft. of floor area for public use
whichever is greater;
5. Short-Term Rental Non Host Occupied: 1 space per room
plus 1 space per shift employee;
6. Manufacturing: 1 space per 1,000 sq.ft. of floor area.
ii. Car wash: there will be stacking/storage space provided to
accommodate a minimum of 10 vehicles waiting for access to the
proposed car wash facility.
h. Signage: In addition to the standards contained in Section 6.12 of the UDO,
the following specific standards shall apply to the Project:
a. In general:
i. Signs or marketing of any kind are prohibited within the common
areas/open space of the Project;
ii. In addition to the requirement of Section 6.12.7 of the UDO, sign
submittals shall include a photo of the actual building exterior and
a rendering with the proposed sign superimposed same;
iii. All signs shall be internally illuminated;
iv. Window signs or graphics of shall be limited to 25% of the window
surface as defined from floor to ceiling.
b. Specific sign limits:
i. Development Area 1:
1. Freestanding Sign:
a. Maximum Number: 1
42
b. Maximum Height: 80 ft. from natural grade;'$
c. Maximum Width: 22 ft.;
d. Maximum Size of Sign: 470 sq.ft. further broken
down as follows:
i. Logo: 380 sq.ft.
ii. Cabinet: 90 sq.ft.
2. Monument Sign:
a. Maximum Number: 1
b. Maximum Height: 8 ft. from natural grade;
c. Maximum Width: 13 ft.;
d. Maximum Size of Sign: 65 sq.ft.
3. Wall Sign — Retail Center:
a. Maximum Number: 3
b. Maximum Height: N/A;
c. Maximum Width:
i. Logo: 9 ft;
ii. Sign Cabinet: 7 ft.
d. Maximum Size of Sign:
i. Logo 64 sq.ft.
ii. Cabinet: 206.5 sq.ft.
4. Wall Sign — Car wash:
a. Maximum Number: 4
b. Maximum Height: N/A;
c. Maximum Width:
i. Logo: 5 ft;
ii. Sign Cabinet: 20 ft.
d. Maximum Size of Sign:
i. Logo 25 sq.ft.
ii. Cabinet: 52 sq.ft. per sign.
ii. Development Areas 2 through 6:
1. Monument Sign:
18 Staff has heard concerns from BOCC members the sign height is too high. Staff is asking for direction on
appropriate height and size for the Project.
43
a. Maximum Number:
i. 2 signs in Development Area(s) 2 and 3;
ii. 1 sign in Development Area 4;
iii. 3 signs in Development Area 5
b. Maximum Height: 20 ft. from natural grade;
c. Maximum Width: 16 ft.;
d. Maximum Size of Sign Panel Area: 240 sq.ft.;
2. Wall Sign:
a. Multi-tenant Building:
i. Maximum horizontal length or span of sign
shall not exceed 80% of the width of the
usable, one surface storefront of a particular
Tenant's space;
ii. Sign shall not exceed 64 square feet in area;
iii. If the width of the storefront contains more
than one building/facade material, the
Tenant shall use only one building/facade
material width to determine 80%;
iv. No sign may cover two different fagade
surfaces.
b. Single-tenant Building:
i. One wall sign per building fagade;
ii. Allowable sign area shall not exceed 1
square foot of sign area per 1 foot of building
length of each fagade up to a maximum size
limit of 64 square feet;
iii. No sign may cover two different fagade
surfaces.
3. Directional Sign:
a. Limited to necessary information for patrons (e.g.
entrance/exit, directional, one-way)
b. May not exceed 4 square feet in sign area
c. May not exceed 4 feet in height
d. Maximum of four (4) per building within any
particular Development Area
4. Temporary Real Estate, Construction, and Financing
Signs:
44
a. No sign shall exceed 24 square feet in area
b. No more than two (2) signs per building site
c. Construction and Financing Signs must be
removed within 10 days of receipt of certificate of
occupancy for any one building site.
i. Lighting: In addition to the standards contained in Section 6.9 of the UDO, the
following specific standards shall apply to the Project:
i. All lighting shall be full-cut off fixtures;
ii. Lighting in parking areas shall observe a height limit of 36 ft.;
iii. All lighting shall comply with maximum foot-candle limits at
property lines as noted in Section 6.11.6.A of the UDO. There
shall be no net increase in existing lighting levels along the
Interstate 85/40 on/off ramp beyond existing lighting installed and
maintained by NC DOT;
iv. Lighting within the Project shall abide by the standards detailed
in Section 6.11.8 of the UDO.
i. Stream Buffers: The Project shall comply with the provisions of Section 6.13
of the UDO.
j. Stormwater regulations: The Project shall comply with the provisions of
Section 6.14 of the UDO.19
A Master Stormwater Management Plan (SMP) shall be developed to address
stormwater runoff for the entire development even though individual parcels
may be responsible for installing stormwater control measures (SCMs).
Stormwater facilities will be designed to meet current Ordinances with the
development of each individual Development Area within the Project.
Nitrogen and Phosphorus load contributions leaving the site must be held to
2.20 Ibs per acre per year and 0.33 Ibs per acre per year respectively. These
standards shall be met via offset payments (nutrient buy-down payments)
and/or on-site SCMs consistent with State law and the UDO.
k. Erosion Control regulations. The Project shall comply with the provisions of
Section 6.15 of the UDO.
I. Flood regulations: The Project shall comply with the provisions of Section 6.21
of the UDO. 20
VI. PERMITTED AND PROHIBITED LAND USES:
19 As detailed in the December 15, 2020 staff abstract,staff has recommendation(s)on the imposition of additional
conditions associated with stormwater management.
20 At this time there are no identified floodplains on the Property.
45
a. Permitted Uses: Shall be limited to those identified uses consistent with
existing definitions contained within the UDO.
i. Development Area 1: Approximately 26.59±acres in area developed
within Phase I of the Project. Permitted uses shall be limited to:
1. Motor Vehicle Service Station limited to no more than 60 gas
dispensers with a maximum of 120 fueling stations.21122
2. Retail and Eating and Drinking Establishment uses subject to
the following conditions:
a. Located within a single structure no more than 70,100
sq.ft. in area;
b. Accessory use shall be limited to a car wash.
ii. Development Area 2: Approximately 17.07 ± acres in area
developed within Phase 2 of the Project. Permitted uses shall be
limited to:
1. Eating and Drinking Establishments limited to 32,000 sq.ft. of
building area;
2. Retail uses limited to 30,000 sq.ft. of building area; and
3. Office and Financial Services uses limited to 4,000 sq.ft. of
building area.
iii. Development Area 3: Approximately 3.88 ± acres in area developed
within Phase 2 of the Project. Permitted uses shall be limited to:
1. Eating and Drinking Establishments limited to 8,000 sq.ft. of
building area; and
2. Retail Uses limited to 16,000 sq.ft. of building area
iv. Development Area 4: Approximately 3.84 ± acres in area developed
within Phase 2 of the Project. Permitted uses shall be limited to:
1. Short-Term Rental- Non-Host Occupied.
v. Development Area 5: Approximately 21.05 ± acres in area
developed within Phase 2 of the Project. Permitted uses shall be
limited to:
1. Medical Uses;
2. Office and Financial Service;
21 The applicant has indicated the need for the proposed individual fuel pumps is that motorists will stop to fuel
their cars then go into the retail center for a prolonged period of time thereby limiting access to the fuel pump.
Staff has heard numerous concerns from adjacent property owners related to the number of proposed pumps as
well as the storage tanks necessary to support same.
22 The applicant will be providing a schematic for inclusion within the conditions detailing what a fueling station
will look like.
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3. Manufacturing, Assembly, Processing and Distribution Uses-
Food Uses;
4. Manufacturing, Assembly, Processing and Distribution Uses-
Other Uses limited specifically to Research Facility with
Manufacturing,
totaling no more than 150,000 square feet in approximately four (4)
buildings.
vi. Development Area 6: Approximately 1.62± acres directly adjacent
to the railroad tracks. This area will be reserved for development by
others to support area transit. No buildings or parking are planned
for this site as a part of the Project. Bus/Rail Passenger Shelters are
permitted.
b. With the exception of Development Area 1 (Travel Center), Area 4 (Short-
term Rental Non-Host Occupied), and Area 6 land uses/building square
footage allotments can be transferred between development areas 2, 3, and
5.
c. Prohibited Uses:
i. No Eating and Drinking establishment with a drive-thru facility shall
be permitted to be developed on the Property except as follows:
1. A take-out window shall be permitted for picking up pre-
ordered food.
ii. Except for Development Area 1, no Motor Vehicle Service Station,
including but not limited to gas station, convenience store/gasoline
sales uses, shall be allowed on the Property. For the purposes of
this provision, the term "gasoline sales" shall include petroleum,
ethanol, diesel or other motor vehicle fuels;23
iii. The following Manufacturing, Assembly, Processing and Distribution
Uses — Food land uses are expressly prohibited:
1. Animal Feed Preparation, Manufacturing, Packaging, and
Distribution;
2. Animal Slaughtering and Processing, Packaging and
Distribution;
3. Seafood Preparation, Packaging and Distribution;
4. Starch, Vegetable Fats and Oils Manufacturing;
5. Tobacco Processing, Preparation, Packaging and
Distribution.
2s This condition means the only Motor Vehicle Service land use(i.e.gas station)developed within the Project shall
be in Development Area 1.
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iv. All Manufacturing, Assembly, Processing and Distribution Uses —
Other land uses are expressly prohibited except for Research Facility
with Manufacturing land uses.
v. The following Medical Uses are expressly prohibited:
1. Hospital; and
2. Veterinary Hospital.
vi. The following Office and Financial Services Uses are expressly
prohibited:
1. Building/Trade contractor offices with external equipment
storage; and
2. Pawnshop/ payday loan services.
vii. All Automotive/Transportation Uses are prohibited with the exception
of:
1. Motor Vehicle Service limited to development within
Development Area 1; and
2. Bus/Rail Passenger Shelters.
viii. All Service Uses are prohibited with the exception of:
1. Eating and Drinking Establishments;
2. Car Wash as a customary accessory use to a Motor Vehicle
Service land use limited to Development Area 1; and
3. Short-Term Rental- Non-Host Occupied limited to
development within Development Area 4.
VII. UTILITIES:
a. Development within the Project shall be served by utility systems provided
and maintained by:
i. Public water - Orange Alamance Water System (OAWS)
ii. Sewer services — City of Mebane
Additional and/or alternative water and/or wastewater systems shall not be
permitted.
b. A written, signed agreement between a developer, Orange County, and the
aforementioned utility providers shall be executed describing the timing,
phasing, design, and financing of public water distribution and public
sanitary sewer collection mains;
c. Water systems and water pressure shall comply with all applicable OAWS
utility standards, building, and fire codes based on the proposed land use;
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d. Sizing/looping of utility lines shall be based on the proposed development,
including water flow test data and shall be reviewed and approved by
County staff and appropriate utility entity;
e. Fire-flow test(s) of all installed hydrants shall be conducted, in coordination
with OAWS and Orange County Emergency Services, to ensure
compliance with applicable State Fire Code standards.
VIII OTHER:
a. Structures erected within the Project shall be designed to allow for
incorporation of solar infrastructure installation on rooftops or in adjacent
areas.
b. Electric Vehicle Charging Stations:
i. A paved EV charging station area serving no less than ten (10)
vehicles including the required electrical conduit system will be
constructed within Development Area 1, (completion of the charging
station installation would occur at Applicant's sole discretion)
ii. EV charging stations will be encouraged within other Development
Areas provided that such facilities shall be ancillary to a principal land
use and as a service to patrons or employees
c. Consideration of L.E.E.D certified practices for components of the Project
where feasible
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of ) 2021.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on , 2021 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
WITNESS my hand and the seal of said County, this day of
3 2021.
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SEAL
Clerk to the Board of Commissioners