HomeMy WebLinkAboutAgenda - 10-07-2008 - 6aORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2008
Action Agenda
Item No. - Q
SUBJECT: Buckhorn Village PD/SUP (Rezoning/Special Use Permit) Action
DEPARTMENT:. Planning and Inspections PUBLIC HEARING: (YIN)
County Managers Office
County Attorney
Economic Development
ATTACHMENT(S):
PLEASE BRING
FROM JUNE 3, 2008 BOCC MEETING:
(Updated with Section F)
• 3" White or Black Notebook with Blue
Cover "Attachment 5 Outline of
Rezoning...
• 1" White or Black Notebook
"Booklet of Attachments"
ATTACHED HEREWITH:
Table of Contents Outlining Location
of Documentation Within the Record
2. Statement of Consistency
3. (a) Resolution of Rezoning Approval
(b) Special Use Permit Findings of
Fact
(c) Conditions of Approval (COA)
(d) Letter from Developer Indicating
Agreement with Recommended
Conditions of Approval
4. Statement of Inconsistency
5. Resolution of Rezoning Denial
(UNDER SEPARATE COVER)
INFORMATION CONTACT:
Craig Benedict
245-2592
Michael D. Harvey
245-2607
Laura Blackmon
245-2300
Willie Best
245-2300
Geoffrey Gledhill
732-8126
Brad Broadwell
245-2326
PURPOSE: To take action on the application(s) for a rezoning and Class A Special Use Permit
for the Buckhorn Village Planned Development (hereafter 'BVPD') submitted by Buckhorn Road
Associates LLC on December 22, 2007.
BACKGROUND: On February 25, 2008 and April 1, 2008 the BOCC and the Planning Board
held a Joint Public Hearing to review BVPD Planned Development (hereafter 'PD) Rezoning
Application and Class A Special Use Permit (hereafter 'SUP') proposing the development of an
approximately 1.14 million square foot retail development with a minor residential component on
128 acres of property located within the 1-85/Buckhorn Road Economic Development District
(hereafter 'EDD') and Commercial Industrial land use. The development is proposed to meet
detailed LEED standards as noted within the record and conditions of approval (condition u).
This property is located near the southeast corner of the 1-85 Buckhorn Road intersection.
On September 2 the Board of County Commissioners received the record/evidence and
recommendations for the project from the Zoning Officer and Planning Board and closed the
public hearing.
Within the 1-85/Buckhorn Road EDD certain uses are permitted by right and other uses are
permitted with the processing of a PD rezoning application, which also includes a companion
SUP. As an example, a retail enclosed mall is permitted by right within the EDD district but
multi-building retail establishments (which is the case with the Buckhorn Village application)
require a PD/SUP to illustrate the "preliminary development concept plan" [Zoning Ordinance
7.5.1.(c)] or master plan for the arrangement of uses, traffic and pedestrian systems, utilities,
open space, and unified control of common elements. This was explained in writing by the
County Attorney on September 16, 2008 as attachment 6 of agenda item 6.c.
The application is reviewed in accordance with the standards and requirements outlined within
the County Zoning Ordinance:
* Article Seven (7) Planned Developments
• Article Eight (8) Special Use Permits
• Section 6.29 Development Standards for Economic Development (ED) Districts (i.e. the
Economic Development District Design Manual), and
• Article Twenty (20) Zoning Amendments
SEPTEMBER 16, 2008 BOCC MEETING
The BOCC deliberated on the applications and had the following comments. After each
comment, a reference will be made to an item within the Conditions of Approval document
(Attachment 313) to explain how the comment is addressed. They are in order of agreement
then ranging to discussion.
AGREEMENT — Developer and Administration are in agreement on how to address
BOCC comments.
Condition 'L'— Signage
The architectural sign feature was described more specifically and the height of the
structure remains at 50' with the height of the top of the sign remaining at 40'.
Condition 'R' — Affordable Housing-
The applicant has agreed to 15% Affordable Housing as noted within the condition. This
was reviewed with the Attorney's Office to capture the county's long term affordability
policy language.
Condition 'T'
The applicant has agreed to the one (1) acre parcel 'free' fee simple dedication to the
county in District 3. The site will be prepared in accordance with the stated condition.
Condition 'U'
The applicant will develop the various site plans in accordance with the LEED standards
list.
DISCUSSION (See applicant letter of conditions in Attachment 3(d))
Condition 'P'— Open Space Perimeter Buffers
The applicant and administration believe that the design solution as noted in the various
buffer plan and cross-section views will provide an equal or better alternative to the EDD
manual (page 3.2.7). 25% visibility breaks without landscaping are permitted by the EDD
manual and the applicant has agreed to retain mature trees on 50% of the buffer and
replant the other 50% with native, drought tolerant and aquatic landscaping albeit at a
lower level thereby creating visibility.
Condition 'S— Drive-thrus
Administration believes limiting a 128 acre site to 5 drive-thrus is reasonable if 10% on-
site parking is removed, additional land intensive landscaping is added to the area, land
uses restricted to maximum 2 for restaurant(s) and increase setback to 100 feet from
public roadways.
Since the application includes both a legislative rezoning component, as well as a quasi-judicial
SUP component, all of the information submitted (application and attachments), public
hearing(s) comments, sworn testimony (SUP), comments (rezoning), responses, and minutes
are organized within a large 3" white binder with blue cover distributed for the June 3 Board of
County Commissioners meeting. This document has also been amended to include Planning
Board, staff, consultant, and applicant activity subsequent to that meeting.
REVIEW PROCESS: A PD/SUP project is processed in a combined 2-part process. With
these types of projects the BOCC will be required to:
(Timeframe):
Review and deliberate on September 16, 2008.
Take action on October 7, 2008:
1. Rezoning:
From: 1-85/Buckhorn 'Road Economic Development (ED) District and/or Rural
Residential One (R-1)
To: Buckhorn Village Planned Development Economic Development District
(BVPD-ED).
Action on approving or denying the rezoning application is considered to be a
Legislative decision made in, accordance with the provisions of Articles Seven (7)
and Twenty (20) of the Zoning Ordinance.
2.. If the application to rezone the properties is approved, the BOCC will then take action
on the PD/SUP application proposing the development of the property as a master
planned mixed-use commercial site.
4
Action on approving or denying the PD/SUP application is considered to be a Quasi-
judicial decision made in accordance with the provisions of Article Eight (8) with
reference back to Article Seven (7) of the Zoning Ordinance.
This includes Conditions of Approval noted in Attachment 3(c) and findings of fact
for the SUP component noted in Attachment3(b).
In reviewing the necessary process for the BOCC to review and take action on this project with
the Attorney's office, staff has been informed of the following:
A. The Board must adopt a Statement of Consistency, as required under NCGS 153A-341,
indicating whether or not the project is deemed to be consistent with adopted plans (i.e.
Comprehensive Plan, Small Area Plans, etc) prior to taking any other action. Staff and the
Attorney's office developed these statements for your use. The statement indicating that
the project is consistent with the County's Comprehensive Plan is contained within
Attachment 2(Statement of Consistency). The statement indicating that the project is not
consistent with the Comprehensive Plan in contained in Attachment 4 (Statement of
Inconsistency).
B. If a Statement of Consistency as noted in Attachment 2 is adopted,
• then the BOCC can continue to deliberate on the project and adopt
• the requisite Resolution of Rezoning Approval, provided in Attachment3(a),
• Attachment3(c), Conditions of Approval and the SUP Findings of Fact, provided in
Attdchment3(b), or
C. If a Statement of Inconsistency as noted in Attachment 4is adopted,
• then proceed with the Resolution of Rezoning Denial, provided in AttachmentS.
ZONING OFFICER RECOMMENDATION(S): The Zoning Officer's comments and
recommendations are detailed within Attachment I of this abstract and detailed within the
official record created.
PLANNING BOARD RECOMMENDATION(S): The Planning Board recommends that the
Board accept their findings and recommendations concerning this project as detailed within
Attachment 1 of this abstract and as detailed within the official record.
FINANCIAL IMPACT: The review of this project is handled by existing County planning staff
with participation by other departments and agencies through the development of advisory
group. In addition, the Sanford Holshouser Business Development Group conducted an
Economic Impact Analysis on the Buckhorn Village project. See 3" White Booklet, Section E.3
amended, pages 225-260.
ADMINISTRATION RECOMMENDATION(S): The Administration recommends that the BOCC:
1. Review and approve the recommended Conditions of Approval noted in Attachment3(c),
taking into consideration the developer's comments and/or agreement concerning above as
noted in Attachment 3d;
2. Approve the rezoning/SUP attachments noted in 2, 3(a), 3(b), and 3(c);
3. Approve the Special Use Permit subject to final County Attorney review prior to recordation.
TABLE OF CONTENTS
1UTLINING LOCATION OF DOCUMENTATION WITHIN THE RECORD
ATTACHMENT #1
This Attachment identifies all of the documents, reports, and resolutions that the BOCC
has received concerning the review of the Buckhorn Village Planned Development
project. Please note that early versions of ordinance requirements; conditions of
approval and SUP findings were developed throughout the process from February 2008
until now. The most recent versions are applicable.
1. Buckhorn Village Original Application (1 1/2 " White Notebook titled "Buckhorn
Village Economic Development Planned Development" received mid Feb. 2008)
a. Traffic Impact Analysis (TIA) by Arcadis (appendix D of original application)
2. Revised Traffic Impact Analysis Draft by Arcadis dated July 2008 (plastic comb
binding — received September 2, 2008 BOCC meeting)
3. 1" White or Black Notebook "Booklet of Attachments for Buckhorn Village PD/SUP —
June 3, 2008 Agenda Item 5.b."
Please note that Attachment 5 in the 1" White Notebook was the 3" notebook entitled
"Outline of Rezoning Comments and SUP Evidence Including Specifically Noted
Material".
4. 31' White or Black Notebook with Blue Cover "Attachment 5 Outline of Rezoning
Comments and SUP Evidence Including Specifically Noted Material" (received June
3, 2008)
The first part of this notebook includes the Table of Contents with specific page
numbers (received on September 2, 2008). Sections A, B, C, D, and E were
received June 3, 2008 which includes:
Section A — February 25, 2008 Quarterly Public Hearing and Responses
Section B — April 1, 2008 Continued Quarterly Public Hearing and Responses
Section C — Written Comments from Various Sources
Section D — Staff Comments
Section E — Additional Comments/Material
Section F — Response to Requests for Information from Planning Board
Members at various Planning Board Meetings, specifically June 4, 2008
(received by BOCC September 2, 2008)
This is an important section that provides 14 staff reports addressing Planning
Board concerns from May 2008.
PLEASE NOTE:
Entered into evidence by reference:
• This abstract as well as the attachments from September 16, 2008
• Orange County Economic Development Districts Design Manual
• Orange County Zoning Ordinance
ATTACHMENT 2 — Statement of Consistency:
R
STATEMENT OF CONSISTENCY
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A -341
REGARDING A PLANNED DEVELOPMENT APPLICATION OF AMENDMENT TO
THE ORANGE COUNTY ZONING ATLAS FOR
BUCKHORN ROAD ASSOCIATES LLC
(PD- 01 -08)
Orange County has received and reviewed the application of Buckhorn Road Associates, LLC,
(the "Applicant ") to amend the Orange County Zoning Ordinance and Atlas to rezone four (4)
parcels of real property containing approximately one hundred and thirty (130) acres from
Economic Development District (I- 85Buckhorn Road EDD) and/or Rural Residential One (R -1)
to Buckhorn Village Planned Development — Economic Development District (BVPD -ED). The
parcels are identified more particularly in the application for amendment submitted by the
Applicant.
The Orange County Board of Commissioners has determined that the amendment requested if
approved will be consistent with Orange County's adopted comprehensive plan, and the Board
of Commissioners proposed action on the amendment applied for is reasonable and in the public
interest for the following reasons:
1) The proposed Amendment will allow for the development of a parcel of property
within the County consistent with existing overall policies and development
strategies embodied within the:
a. Orange County Economic Development Strategic Plan for Growth;
b. The Economic Development element of the Comprehensive Plan; and
c. The Efland - Mebane Small Area Plan.
2) That property(s) subject to the Zoning Atlas amendment are properly
situated and located to be served by existing major roads and mass transit
facilities.
3) That property(s) subject to the Zoning Atlas amendment are located in an
area where the necessary utility infrastructure is available to support the
proposed development.
Adopted by the Orange County Board of Commissioners this day of
2008.
Ayes:
Noes:
Donna Balser, Clerk to BOCC
ATTACHMENT 3(a) — Resolution of Rezoning Approval
7
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT
FOR A
PLANNED DEVELOPMENT PETITION OF
BUCKHORN ROAD ASSOCIATES LLC
(PD- 01 -08)
Date:
Applicant /Owner: Buckhorn Road Associates LLC
The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board ") herby
approves an Application For Amendment (the "Application ") to the Orange County Zoning
Ordinance (the "Ordinance ") and the Orange County Zoning Atlas (the "Atlas "), submitted by
Buckhorn Road Associates LLC, (the "Applicant ") to amend the Ordinance and Atlas by
rezoning those certain parcels of property described more fully below:
FROM: Economic Development District (I- 85 /Buckhron Road EDD) and /or Rural
Residential One (R -1)
TO: Bucldlorn Village Planned Development — Economic Development
District (BVPD -ED).
Any and all development within the Buckhom Village Planned Development - Economic Development
District (hereafter `BVPD -ED') shall be in compliance with:
i. The Orange County Zoning Ordinance including Section 6.29.3 Economic Development
Districts Design Manual (hereinafter "Ordinance "),
ii. The Approved BVPD -ED Master Plan and Special Use Permit (hereinafter "SUP ")
including any and all renderings, construction drawings, and architectural drawings
contained within the BVPD -ED application,
iii. The various standards and conditions contained herein, and
iv. Any and all applicable Orange County, State or Federal regulations.
The approved master plan. and SUP contains development criteria and design standards
that are applicable to development on the subject property. In cases where there is a lack
of standard or specific reference to special design criteria within the SUP, the appropriate
County standard as outlined within the Ordinance shall pertain. Any land use of the
Property shall conform to all applicable federal, state and local laws, including, but not
limited to, the requirements of the Orange County Zoning Ordinance; Orange County
Subdivision Regulations; and the terms of the SUP.
The parcels are located at the intersection of Buckhorn Road (SR 1114) and West Ten Road (SR
1144) being further identified as in the Orange County Land Records Office as follows:
VOA
1. A one hundred ten (110). acre tract of land identified as 508 Buckhom Road (TMBL
3.28..20 / PIN 9834 - 561587),
2. A seventeen (17) acre tract of land also identified as 508 Buckhorn Road (TMBL
3.28..20C / PIN 9834 -47- 5147),
3. A one (1) acre parcel of property that is located west of the two (2) previously identified
properties, listed as 527 Buckhorn Road (TMBL 3.28..13 / PIN 9834 -36- 4223), and
4. A two (2) acre parcel of property along West Ten Road, adjacent to the previously
identified one hundred ten (110) acre tract of land (TMBL 3.28..57C / PIN 9834 -54-
1735)
These parcels shall be referred to herein collectively as the "Property" or "property". The
property is further identified by the following legal description:
Tracks 1 and 2 (128.05 Acres total) PIN 9834 -56 -1587 / 9834 -47 -5147
BEGINNING at a point at the intersection of the centerline of West Ten Road (
SR 1144) and the centerline of Buckhorn Road ( SR 1114), said point having NC
Grid Coordinates N. 844646.257 feet, E. 1933702.566 feet (NAD 83/07), and
running thence with the centerline .of Buckhorn Road ( SR 1114) along 4 courses
as follows: N.10 °24'43 "W. 132.35 feet to a point, N.02 °43'30 "W. 105.50 feet to a
point, N.00 °36'24 "E. 326.95 feet to a point and N.00 °53'28 "E. 384.62 feet to a
point; thence with the lines of now or formerly Naola Fearrington, Maggie
Murphy, Joe Fearrington, Phyllis Foust and Jasper Foust along 8 courses as
follows: N.89 °01'28 "E. 346.54 feet to an existing iron pin, N07 °25'56 "W. 65.11
feet to an existing iron pin, N07 °40'27 "W. 65.04 feet to an existing iron pin,
N07 037'42 "W. 80.48 feet to an existing iron pin, N07 °32'31 "W. 185.11 feet to an
existing iron pin, N07 °40'25 "W. 214.32 feet to an existing iron pin,
N07047'1 1"W. 179.59 feet to an existing iron pin, and N80 °50'40 "W. 116.23 feet
to point in the centerline of Buckhorn Road ( SR 1114); thence with the
centerline of Buckhorn Road ( SR 1114) along 4 courses as follows:
N12 052'50 "E. 63.86 feet to point, N10 043'08 "E. 183.67 feet to point,
N04 014'02 "W. 227.56 feet to point and N10 0.55'43 "W. 300.03 feet to point;
thence with Venture Capital Group along 2 courses as follows: N84 °14'06 "E.
28.44 feet to point and a curve to the left having a radius of 997.69 feet, an arc
length of 717.82 feet ( chord bearing and distance N50 °45' 16 "E 702.44 feet) to a
point in the south right of way line of Interstate Highway I -85; thence with the
south right of way line of Interstate Highway I -85 along 8 courses as follows: a
curve to the right having a radius of 1352.38 feet, an are length of 386.20 feet (
chord bearing and distance N87 °13'25 "E 384.89 feet) to a point, S81 °54'34 "E.
194.37 feet to point, S79 °13' 14 "E. 177.50 feet to point, S79 °13' 14 "E. 72.57 feet
to point, S80 °35'43 "E. 949.99 feet to point, N77 °38'08 "E. 53.94 feet to a point,
S81 000'51 "E. 133.85 feet to an existing iron pin and, S80 046'20 "E. 22.51 feet to
an existing iron pin; thence with the west line of now or formerly Don Collins
S08 042'04 "E. 1209.06 feet an existing iron pin; thence with the . lines of
"Clearview Subdivision (Plat Book 71 page 146) lots 24,23 and E -23 along 2
I
courses as follows: S87 °13'11 "W. 1038.93 feet to an existing iron pin and
S08 042'25 "E. 214.12 feet to an existing iron pin; thence with the north line of
now or formerly D H Doby S84 °33'36 "W. 210.04 feet to an existing iron pin;
thence with the north and west lines of now or formerly N Thomasson along 2
courses as follows: S84 °40'11 "W. 209.89 feet to an existing iron pin and
S08 058'20 "E. 691.72 feet to an existing iron pin: thence with the west line of now
or formerly F Kirkpatrick S08 °43'33 "E. 300.66 feet to an existing iron pin;
thence with the north and west lines of now or formerly N Thomasson along 3
courses as follows: S87 046'31 "W. 253.89 feet to an existing iron pin ,
SO4 057'07 "E. 301.62 feet to an existing iron pin, and SO4 °57'07 "E. 25.31 feet to a
point in the centerline of West Ten Road ( SR 1144); thence with the centerline of
West Ten Road ( SR 1144) along 6 courses as follows: 5.88 037'49 "W. 260.79
feet to a point, 5.89 °38'18 "W. 485.65 feet to a point, N.87 °44'05 "W. 130.27 feet
to a point N.82 °29' 51 "W. 228.74 feet to a point, N78° 12' 51 "W. 95.94 feet to a
point and N.77 °09'29 "W. 114.27 feet to a point at the intersection of the
centerline of West Ten Road ( SR 1144) and the centerline of Buckhorn Road (
SR 1114), the POINT OF BEGINNING and being the major portion of property
of Orange County Investors as described in Deed Book 475 Page 583 and Deed
Book 4126 page 223 containing approximately 128.05 acres as shown on survey
entitled "Re- zoning Description Plat, 128.05 Acres Total, Property Surveyed For
Orange County Investors" dated January 04, 2008, preliminary plat by William
H. McCarthy, Jr. PLS, Summit Consulting Project 07 -390E to which plat
reference is hereby made for a more particular description of same. Bearings used
in this description are based on NC Grid NAD 83/07.
Tract 3 -R 0.49 Acres PIN 9834 -36 -4225
BEGINNING at a point having NC Grid Coordinates N. 846,393.224 feet, E.
1,933,838.722 feet ( NAD 83/07) in the east right of way line of Buckhorn Road
(SR 1114) in the south line of Orange County Investors (see Tract 1 as shown on
plat entitled "Property Surveyed For Orange County Investors" Plat Book 39 page
109 and Deed Book 475 page 583 Orange County Registry) and said point being
the northwest corner of that portion of Tract 1, as shown on plat entitled "Final
Plat Division of Bertha Foust Estate" Plat Book 75 page 44 Orange County
Registry, lying on the east side of Buckhorn Road (SR 1114) and running thence
with the south and west lines of Orange County Investors (see Tract 1 as shown
on plat entitled "Property Surveyed For Orange County Investors" Plat Book 39
page 109 and Deed Book 475 page 583 Orange County Registry) along 2 courses
as follows: 5.82 °26'36 "E. 86.56 feet to an existing iron pin and 5.07 °47'11 "E.
179.59 feet to an existing iron pin at the northeast corner of Phyllis Foust ( see
Plat Book 5 page 22, part of tract 6 and Deed Book 932 page 60 Orange County
Registry); thence along and with Foust's north line N.85 °26'33 "W. 151.90 feet to
a point in the east right of way line of Buckhorn Road (SR 1114): thence along
and with the east right of way line of Buckhom Road (SR 1114) N. 13'06'44"E.
181.99 feet to a point, the place and POINT OF BEGINNING, and being all of
that portion of Tract 1, as shown on plat entitled "Final Plat Division of Bertha
IWI
Foust Estate" Plat Book 75 page 44 Orange County Registry, lying on the east
side of Buckhorn Road (SR 11 14) containing 0.49 acres more or less, designated
as Tract 3 -R on plat entitled "Re- zoning Description Plat, 2.49 Acres Total,
Property Surveyed For Buckhorn Road Associates, LLC" dated February 11,
2008, preliminary plat by William H. McCarthy, Jr. PLS, Summit Consulting
Project 07 -390E to which plat reference is hereby made for a more particular
description of same. Bearings used in this description are based on NC Grid NAD
83/07.
Tract 4-112.00 Acres PIN 9834 -54 -1735
BEGINNING at a point having NC Grid Coordinates N. 844,586.556 feet, E.
1,935,288.799 feet ( NAD 83/07) in the center of West Ten Road (SR 1144) at the
southwest corner of Nellie Hatch Thomasson and husband Carl E. Thomasson
(see Tract 3 Deed Book 2049 page 227 Orange County Registry), said point
being shown as the southeast corner of Tract 1 Plat Book 39 page 109 Orange
County Registry, and running thence with the centerline of West Ten Road (SR
1144) along 2 courses as follows: 5.86 °17'47 "W. 101.04 feet to a point and
5.88 027'06 "W. 176.82 feet to a point in the center of a Public Service Company
of North Carolina Gas Easement; thence with the center of said easement along 3
courses as follows: N.04 °57'07 "W. 0.29 feet to a point, N.04 °57'07 "W. 25.31 feet
to an existing iron pin, and N.04 °57'07 "W. 301.62 feet to an existing iron pin;
thence 5.87 °46'31 "E. 253.89 feet to an existing iron pin in the west line of Faye
Ann Simmons Kirkpatrick (see Deed Book 3676 page 255 Orange County
Registry) ; thence along and with the west lines of Faye Ann Simmons
Kirkpatrick (see Deed Book 3676 page 255 Orange County Registry) and Nellie
Hatch Thomasson and husband Carl E. Thomasson (see Tract 3 Deed Book 2049
page 227 Orange County Registry) 5.09 °07'25 "E. 328.71 feet to a point in the
center of West Ten Road (SR 1144), the place and POINT OF BEGINNING, and
being all Tract 4 -R containing 2.00 Acres more or less as shown on plat entitled
"Re- zoning Description Plat, 2.49 Acres Total, Property Surveyed For Buckhorn
Road Associates, LLC" dated February 11, 2008, preliminary plat by William H.
McCarthy, Jr. PLS, Summit Consulting Project 07 -390E to which plat reference is
hereby made for a more particular description of same. Bearings used in this
description are based on NC Grid NAD 83/07.
In accordance with the Ordinance, the Board hereby makes the following findings as to the
appropriateness of the Application:
1. That the Application is complete in accordance with the submittal requirements detailed
within Article Twenty (20) of the Ordinance, specifically Section 20.3.2;
2. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application
will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof
including, but not limited to, the following:
a. The goals, policies, and objectives as detailed within the adopted Orange County
Comprehensive Plan including, but not limited to:
i. Section 2.6 — Transportation,
ii. Section 3.3 — Description of Transition Area,
iii. Section 3.4 — Locational Criteria,
iv. Section 3.5 — Land Use Goals,
V. Section 3.8 — Cheeks Township Plan,
vi. The Economic Development Element of the Comprehensive Plan, and
vii. Section 4 — Implementation and Evaluation.
b. The purpose, intent, and goals of the Growth Management System adopted by the
BOCC in 2003;
c. The Orange County Water and Sewer Management Planning and Boundary
Agreement (WASMPBA) between the City of Mebane and Orange County; and
d. Orange County Economic Development Strategic Plan for Growth; and
e. The adopted Efland - Mebane Small Area Plan.
f. The March 1, 2004 Utility Services Agreement between Orange County and the
City of Mebane.
2. That pursuant to Article Seven (7) of the Ordinance, the Board finds that the proposed
Zoning Atlas Amendment is consistent with the purpose and intent of the Ordinance
requirements and that, in accordance with Section 7.5.4, the Board makes the following
findings:
(a) As to the suitability of the proposals for the general type of PD category,
the physical characteristics of the land, and relation of the proposed
development to surrounding areas and existing and probable future
development;
The Board finds that:
i. That the Property is suitable for development as a Planned
Development,
ii. That the physical characteristics of the Property do allow for the
development of such a project as proposed by the Applicant,
iii. That the uses proposed within the Application are similar to
existing and probable future development in the surrounding area,
and
(b) As to relation to major roads and mass transit facilities, utilities and other
facilities and services;
The Board finds that:
i. That Property is properly situated and located to be served by
existing major roads and mass transit facilities,
Ip
ii. That Property is located in an area where the necessary utility
infrastructure is available to support the proposed development as
described within the Application.
(c) As to the adequacy of evidence on unified control and the suitability of any
proposed agreements, contracts, deed restrictions, sureties, dedications,
contributions, guarantees, or other instruments, or the need for such
instruments, or for amendments in those proposed;
The Board finds that the Application does contain sufficient
documentation indicating that the development will be under unified
control guaranteeing the development of the property consistent with the
proposed Application.
(d) As to the suitability of plans proposed or the desirability of amendments;
The Board finds that the Application is suitable for approval.
(e) As to the adherence to PD or general regulations or as to desirable
specific modifications in PD or general regulations as applied to the
particular case, based on determination that such modifications are
necessary or justified in the particular case by demonstration that the
public purposes of PD or other regulations would be met to at least an
equivalent degree by such modifications;
The Board finds that:
i. The Application does adhere to the applicable PD and/or general
regulations, and
ii. The Application does contain desirable amendments, specifically
the fourteen (14) proposed Design Solutions, that apply to this
particular development as proposed by the Applicant that will
serve the public purposes to a degree at least equivalent to such
general zoning, subdivision or other regulations or requirements.
3. That the members of the public who spoke at the several public hearings on the
Application indicated support for the types of uses of the Property proposed within the
Application.
4. That a showing was made by members of the public who spoke at the several public
hearings on the Application that many of the surrounding landowners were likely to use
one or more of the types of services expected to be located on the Property.
5. That the types of uses of the Property proposed by the Application are desirable to serve
the residents of Orange County, and it is anticipated that the location of such uses on the
Property will enable County residents to remain in Orange County instead of travelling to
adjacent counties.
6. That the substantial increase in the commercial property tax base and increase in sales tax
revenue within the County that is expected based upon the information submitted to the
Board in its consideration of the Application will benefit the citizens of Orange County.
!3
7. That the jobs that are anticipated to be created as a result of the proposed uses on the
Property are desirable and will provide the important work opportunities for those Orange
County Citizens residing in the surrounding community.
8. That the County's Comprehensive Plan and related documents have envisioned
commercial use of the property for many years due to its location adjacent to a major
transportation corridor.
9. That there is property adjacent to the property that is commercial in nature.
This Ordinance shall become effective upon approval.
Adopted by the Orange County Board of Commissioners this day of , 2008.
Ayes:
Noes:
Donna Balser, Clerk to BOCC
ATTACHMENT 3(b) — SUP FINDINGS OF FACT:
jq
RECOMMENDED FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS
PERTAINING TO BUCKHORN VILLAGE
CLASS A SPECIAL USE PERMIT APPLICATION: Buckhorn Road Associates LLC
BUCKHORN VILLAGE PLANNED DEVELOPMENT — ECONOMIC DEVELOPMENT DISTRICT
(A- 01 -08)
Planned developments must comply with general and specific standards as set forth in Article Eight (8)
for Special Uses. Article 8.2.1 b) requires written findings certifying compliance with the following:
1. That the use will maintain or promote the public health, safety, and general welfare, if located
where proposed and developed, and operated according to the plan as submitted,
2. That the use will maintain or enhance the value of contiguous property, unless the use is a public
necessity in which case the use need not maintain or enhance the value of contiguous property;
and
3. That the location and character of the use, if developed according to the Plan submitted, will be in
harmony with the area in which it is to ' be located and the use is complaint with the plan for the
physical development of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
Specific regulations governing individual Special Uses as set forth in Article Eight (8) Section 8.8.23.
These regulations are divided into various sections that include:
(a) Regulations establishing specific review and submittal requirements for Planned
Developments per Article Seven (7) Planned Developments of the Orange County Zoning
Ordinance (hereafter 'Ordinance),
(b) The requirements of Section 8.8 Regulations Governing Individual Special Uses, and
(c) The requirements of Section 8.2.
Listed below are the findings of the Board of County Commissioners regarding the application in
question. The findings have been presented by Article and requirement to assist the Board in its
deliberations.
ARTICLE SEVEN (7) PLANNED DEVELOPMENT:
ARTICLE 7 SECTION 7.2.2 PROPERTY OWNER MUST APPLY FOR PLANNED DEVELOPMENT DISTRICT
('Yes' indicates complaint; 'No' indicates non-compliance
ORDINANCE PLANNING
BOARD
REQUIREMENTS
FINDINGS
7.2.2 Property 0
must apply for Planned
Development District X Yes
The property owner must
voluntarily apply for the
Planned Development
district.
INE.
EVIDENCE
EVIDENCE SUBMITTED
ADMINISTRATION
SUBMITTED TO
TO SUPPORT
RECOMMENDED
SUPPORT
FINDING(S)
FINDINGS
FINDING(S)
The Board found that
The Administration
there was sufficient
information within the
X Yes
No
makes a
recommendation for
application indicating that.
an affirmative
the property owner
finding based on
information contained
allowed the application to
within the record,
be submitted.
specifically the.
Specifically, the Board
Buckhorn Village
M
ARTICLE 7 SECTION 7.2.3 ALLOWED USES MUST BE SHOWN ON PLAN ('Yes' indicates complaint; 'No'
indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
found that the application
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
7.2.3 Allowed Uses Must
appri'6_56on as
included a letter from the
Be Shown On The Plan
submitted by the
On a Six (6) to Two (2)
property owner, Orange
The Administration
applicant, including
vote the Planning Board
County Investors
makes a
If the petitioner elects to
Appendix A of the
No
recommended that an
X Yes
Partnership, authorizing
recommendation for
apply for a Planned
application that
affirmative finding be
the applicant to submit
an affirmative
Development District the
contains a letter from
made as the Board
the application as part of
finding based on
petition must specify the
the property owner
determined that there
an offer to purchase the
information contained
actual use(s) intended for
authorizing the
was sufficient
property.
within the record,
the property specified in the
submittal of the
documentation within the
specifically the
petition and the intended
application for review
record indicating that the
Buckhorn Village
use(s) must be permitted in
by the County
ARTICLE 7 SECTION 7.2.3 ALLOWED USES MUST BE SHOWN ON PLAN ('Yes' indicates complaint; 'No'
indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
7.2.3 Allowed Uses Must
Be Shown On The Plan
On a Six (6) to Two (2)
The Administration
vote the Planning Board
makes a
If the petitioner elects to
X Yes
No
recommended that an
X Yes
No
recommendation for
apply for a Planned
affirmative finding be
an affirmative
Development District the
made as the Board
finding based on
petition must specify the
determined that there
information contained
actual use(s) intended for
was sufficient
within the record,
the property specified in the
documentation within the
specifically the
petition and the intended
record indicating that the
Buckhorn Village
use(s) must be permitted in
applicant had provided a
application as
the corresponding general
list of uses that will be
submitted by the
use district. In the petition
allowed within the project
applicant, including
for a Planned Development
consistent with the EDD
Chapter Two (2)
District, the County
Manual Table of
Section 2-3 outlining
Commissioners are to
Permitted Uses,
the proposed uses
approve, approve with
specifically:
that would be
conditions or disapprove
developed within this
the petition on the basis of
1. Residential
project.
the proposed site plan and
Dwelling, Multi-
the specific proposed use.
family,
Further, the.
Administration
Any change in the use
2. Agricultural,
Forestry, and
recommends the
shown on the plan will be
Fishing,
adoption of a
treated as an amendment
condition that
to the Planned
3. Manufacturing,
establishes the
Development, as set forth
Assembly, and
specific allowable
in Article 7.8.
Processing,
uses for the
Buckhorn Village
4. Transportation,
project as agreed to
Communications,
by the Applicant.
and Utilities,
5. Retail Trade,
With respect to the
6. Finance, Insurance,
concern over the
applications
and Real Estate,
compliance with the
7. Services,
Ordinance,
specifically the
M
8. Government
submittal of a site
plan, we base our
This information was
recommendation that
detailed within Chapter
the applicant has met
Two (2) Section 2 -3 of the
the requirements of
submitted" application as
the Ordinance on the
well as on the submitted
following:
concept plan contained
within the application.
1. Section 7.5.1 of
the Ordinance
Planning Board members
requires that an
rejected the notion that a
applicant seeking
proper site plan was not
Planned
submitted as part of the
Development
application.
approval submit a
preliminary
concept plan
showing the
following:
a.The general
arrangement of
land uses within
the proposed
district,
b.The general
location and
function of the
vehicular and
pedestrian
circulation
system,
c. The general
solutions to the
provisions of
utilities,
d.The general
arrangement of
common
facilities such as
open space;
recreational
installations,
improvements,
etc,
e.A general
description of
the method of
financing the
installation and
operation of the
common
facilities, and
f. A schedule of
construction of
all elements of
the proposal
2.While all Planned
Development
ro'ects are
ARTICLE 7 SECTION 7.2.5 SPECIAL USE REQUORED FOR EACH PLANNED DEVELOPMENT ffes'
indicates complaint • 'No' indicates non - compliance)
EVIDENCE
PLANNING
EVIDENCE SUBMITTED
ADMINISTRATION
SUBMITTED TO
ORDINANCE
BOARD
TO SUPPORT
RECOMMENDED
SUPPORT
REQUIREMENTS
FINDINGS
FINDING(S)
FINDINGS
FINDING(S)
7.2.5 Special Use
Required for Each
No Finding Was made as
The Administration
Planned Development
No
no motion was made to
an affirmative or
X Yes
No
makes a
recommendation for
Yes
Within the Planned
make
negative finding on this
an affirmative
finding based on
Development District only
item by the Planning
information contained
those uses authorized by
Board.
within the record,
Article 4 as permitted in the
specifically the
zoning district with which
Buckhorn Village
the PD corresponds shall
application, which
be permitted, and all other
contains the
requirements of the
necessary application
corresponding district shall
requesting the
be met. In addition, within
issuance of a CLASS
a PD no use shall be
A SPECIAL USE
permitted except pursuant
PERMIT for this
to a Special Use Permit
project.
authorized by the County
Commissioners which shall
specify the use or uses
authorized as required in
Article 8.8.23.
If the petition is approved,
the County Commissioners
shall issue a Special Use
Permit authorizing the
requested use with such
reasonable conditions as
the . governing body
determine to be desirable in
promoting public health,
safety and .welfare.
The authorization of a
Special Use Permit in any
Planned Development
District for any use which is
permitted only as a "Class
B" special use in the zoning
district which corresponds
to the Planned
Development District shall
preclude any requirement
for Board of Adjustment
approval but shall be
approved by the Board of
County Commissioners.
@9 -
ARTICLE 7 SECTION 7.4.1 RELATION TO MAJOR TRANSPORTATION FACILITIES (Yes' indicates
complaint; 'No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
7.4.1 Relation to Major
Transportation Facilities
The Board voted Five (5)
The Administration
to Three (3) to
makes a
PD districts shall be so
Yes
X No
recommend a negative
X Yes
No
recommendation for
located with respect to
finding on this item
an affirmative
Interstate highways, arterial
indicating that:
finding based on
and collector streets or
information contained
mass transit facilities, and
The transportation
within the record,
shall be, so designed as to
analysis fails to
specifically:
provide direct access to
adequately address
such districts without
issues related to
1.The revised TIA
creating traffic along minor
weekend travel patterns,
analysis submitted
streets in residential
issues related to County
by Arcadis, the
neighborhoods outside the
residents' travel to the
applicant's
district
project property, and
transportation
insufficiently addresses
engineering firm,
issues that would arise in
detailing weekend
the event that NC DOT
counts on existing
fails to fund necessary
and proposed
improvements in 1-40 and
traffic impact on
Buckhom Road
local roadways,
2.Testimony from
staff and the
applicant
indicating that
each site plan
submitted
proposing
development
within the project
will include a full
transportation
assessment that
will be reviewed
and approved by
staff and the NC
DOT prior to the
issuance of a land
disturbance permit
and that a
condition of this
approval would be
that all external
and internal traffic
improvements
would be
completed prior to
the issuance of a
Certificate of
Occupancy,
M
ARTICLE 7 SECTION 7.4.2
RELATION
indicates non-compliance)
TO PUBLIC UTILITIES FACILITIES
AND SERVICES
Funding of the
indicates complaint; 'No'
transportation
PLANNING
EVIDENCE SUBMITTED
requirements of the
SUBMITTED TO
ORDINANCE
BOARD
TO SUPPORT
Buckhorn Village
SUPPORT
REQUIREMENTS
FINDINGS
FINDING(S)
Planned
FINDING(S)
The Board voted Five (5)
Development is the
7.4.2 Relation to Public
.
Utilities, Fac ilities and
to Three (3) to
responsibility of the
makes a
Services
Yes X No
applicant, its
X Yes
No
recommendation for
PD districts shall be so
successors and
finding on this item
an affirmative
finding based on
assigns.
indicating that:
If external or internal
sanitary sewers, waterlines,
There is insufficient
roadway
within the record,
storm and surface drainage
information on how the
improvements are not
specifically:
systems and other utility
systems and installations
completed, or cannot
I.The Application,
that neither extension nor
be completed, then
would affect future
specifically
permits will not be
availability of water and
issued in accordance
systems will be required in
sewer in the Efland area
with the conditions
detailin2 the
— -- X- --
I
I - -A. - 4- A -
associated with the
approval of this
project.
Further,
Administration makes
a recommendation
for an affirmative
finding as no
evidence was
presented to refute
the testimony or
evidence entered into
the record concerning
this matter.
ARTICLE 7 SECTION 7.4.2
RELATION
indicates non-compliance)
TO PUBLIC UTILITIES FACILITIES
AND SERVICES
('Yes'
indicates complaint; 'No'
EVIDENCE
PLANNING
EVIDENCE SUBMITTED
ADMINISTRATION
SUBMITTED TO
ORDINANCE
BOARD
TO SUPPORT
RECOMMENDED
SUPPORT
REQUIREMENTS
FINDINGS
FINDING(S)
FINDINGS
FINDING(S)
The Board voted Five (5)
The Administration
7.4.2 Relation to Public
.
Utilities, Fac ilities and
to Three (3) to
makes a
Services
Yes X No
recommend a negative
X Yes
No
recommendation for
PD districts shall be so
finding on this item
an affirmative
finding based on
located in relation to
indicating that:
information contained
sanitary sewers, waterlines,
There is insufficient
within the record,
storm and surface drainage
information on how the
specifically:
systems and other utility
systems and installations
demands of ct the project
I.The Application,
that neither extension nor
would affect future
specifically
enlargement of such
availability of water and
Chapter Four (4)
systems will be required in
sewer in the Efland area
detailin2 the
— -- X- --
I
I - -A. - 4- A -
NIN
manner, form, character,
and other nearby locales
anticipated
location, degree, scale or
improvements that
timing in a manner resulting
will be made to
in higher net public cost or
existing
earlier incursion of public
water /sewer
cost than would
infrastructure to
development in forms
support this
generally permitted under
project.
current zoning and
2.A letter provided
development policies for
by the City of
the area.
Mebane during the
February 23,
Public Hearing
indicating that they
can support the
development of
this project from a
utility service
perspective,
3. REPORT F -4 as
contained within
Attachment Five
(5) of the record
(pages 523 -528)
submitted by Paul
Thames
discussing
water /sewer
issues associated
with this project
and the Efland
Sewer project,
4.The Orange
County Water and
Sewer
Management
Planning and
Boundary
Agreement
(WSMPBA)
indicating that this
area is intended to
be served by
public water and /or
sewer.
The applicant is
required to provide
sufficient
documentation that
the proposed project
can be supported by
existing systems or
that they accept the
responsibility for
making any and all
improvements as
required by the
IN
County and /or the
appropriate public
utility provider.
Further,
Administration makes
a recommendation
for an affirmative
finding as no
evidence was
presented to refute
the testimony or
evidence entered into
the record concerning
this matter.
03
ARTICLE 7 SECTION 7.4.3 PHYSICAL CHARACTER OF THE SITE; RELATION TO SURROUNDING
PROPERTY ('Yes' indicates complaint , 'No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
7.4.3 Physical
Character of the Site;
The Board voted Five (5)
The Administration
Relation to Surrounding
to Three (3) to
makes a
Property
Yes
X No
recommend a negative
X Yes
No
recommendation for
finding on this item
an affirmative
The site shall be suitable
indicating that:
finding based on
for development in the
information contained
manner proposed without
The project is not
within the record,
hazards to persons or
consistent with other
specifically:
property, on or off the tract,
nearby existing
1 REPORT D-1 as
free from the probability of
development (existing
contained within
flooding, erosion,
residential areas) and
Attachment Five
subsidence or slipping of
goals and
(5) of the record
the soil or other dangers.
recommendations of the
(pages 138-143)
Condition of soil, ground
Efland-Mebane Small
submitted by
water level, drainage and
Area Plan and
Planning staff
topography shall all be
The project does not
responding to
appropriate to both the kind
involve the creation of a
questions about
and pattern of use
development with the
the projects
intended.
range of uses (i.e.
consistency with
manufacturing and
various,
Industrial) as anticipated
approved,
by I the EDD Design
planning
Manual for the specified
documents,
area, but involves
2. REPORT E-13
primarily retail trades,
as contained
hotels and services
within
Attachment Five
(5) of the record
(pages 381-384)
addressing
concerns over
the projects
compliance with
the Efland-
Mebane Small
Area Plan,
3. REPORT F-3 as
contained within
Attachment Five
(5) of the record
(pages 511-512)
addressing the
projects
consistency with
surrounding
development,
4. REPORT F-7 as
contained within
Attachment Five
(5)of the record
(pages 537-554)
providing an
analysis of the
requested uses
for this project �
and their
consistency with
the existing
Economic
Development
District Design
K8anuo|'
The project is
proposed to be
developed in an
existing Economic
Development District
where such project
are a permitted use
nf property subject to
the approval of a
Planned
Development (PO)
master plan in
accordance with
Article Seven (7) of
the Zoning
Ordinance.
Further,
Administration makes
a recommendation
for on affirmative
finding as no
evidence was
presented to refute
the testimony or
evidence entered into
the record concerning
this matter.
non-complianc )
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
7.5.1 Applications:
Materials To Be
The Board voted
The Administration
Submitted
unanimously to make a
makes a
X Yes
No
recommendation for an
X Yes
No
recommendation for
Applications for PD
affirmative finding
an affirmative
amendments shall be
indicating that the
finding based on
submitted as for other
application contains all
information contained
amendments. Material
required information per
within the record,
submitted with the
Section 20.3.2 of the
specifically, the
application or on
Zoning Ordinance and
applicant has
subsequent request by the
the application provides
provided the following
Zoning Officer shall include,
the basic information as
information within the
in addition to the basic
required by Section 7.5.1
application packet:
material, required by
1. The arrangement
subsection 20.3.2, all plans,
of land uses
maps, studies and reports
specifically withi'�
which may reasonably be
Chapter Two (2)
required to make the
Land Uses and
determinations called for in
Development
the particular case, with
Strategies of the
sufficient copies for
application,
necessary referrals and
records.
2. The location and
function of
Such applications shall
vehicular/pedestria
include a report identifying
n circulation,
all property owners within
specifically within
the area of the proposed
Chapter Three (3)
district and giving evidence
Transportation of
of unified control of its
the application,
entire area. The report
shall state agreement of all
3.The provision of
present property owners
utilities, specifically
and/or their prospective
within Chapter
successors in title:
Four (4) Utilities
and Other Public
a) To proceed with the
Services of the
proposed
application,
development
according to the
4. The arrangemen . t
regulations in effect
of common
when the map
facilities and open
amendment creating
space, specifically
the PD district is
within Chapter
passed, with such
Five (5) Open
modifications as are
Space of the
set by the Board of
application,
County
Commissioners in
5. A the method of
the course of such
financing the
-4
Un
action; and
installation and
operation of the
b To provide bonds,
P
common facilities,
dedications,
specifically within
guarantees,
Chapter Six (6)
agreements,
Ownership and
contracts, and deed
Management of
restrictions
the application, and
acceptable to the
Board of County
6. A schedule of
Commissioners for
construction of all
completion of such
elements of the
development
proposal, as
according to
detailed
approved plans and
throughout the
for continuing
application and the
operation and
various exhibits
maintenance of such
including the
areas, facilities and
Traffic Capacity
services as are not
Assessment
to be provided,
contained within
operated or
Appendix C of the
maintained at
application as well
general public
as the revised
expense; and such
Traffic Capacity
dedications,
Assessment
contributions, or
submitted to the
guarantees as are
County in July of
required for
2008 by Arcadis.
provision of needed
public facilities and
As previously
services; and
indicated the
c) To bind future
application is deemed
successors in title to
to be complete as the
any commitments
applicant has
made under (a) and
submitted a detailed
(b) above.
application and a
preliminary
In addition to, or as part of,
development concept
the report described above,
plan outlining the
applicants shall submit a
intended
preliminary development
development activity
concept. plan and proposals
on the subject parcel
in accord with (a) above
as required under this
which shall show:
Section of the
Ordinance.
1.The general
arrangement of land
uses within the proposed
districts.
2.The general location and
function of the vehicular
and pedestrian
circulation system.
3.The general solutions to
the provision of utilities
4.The general
arrangement of common
facilities such as open
space, recreational
installations,
improvements, etc.
5.A general description of
the method of financing
the installation and
operation of the common
facilities.
6.A schedule of
construction of all
elements of the
proposal.
co c)laint "No' indicates non.Comminnni-i
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
7.5.2 Preliminary
Review of Application as
Submitted:
X Yes
No
On receipt of the
application and preliminary
concept plan and detailed
proposals as indicated
previously, the Zoning
Officer shall cause a study
to be made by qualified
representatives of the
County and such other
agencies or officials as
appear appropriate in the
circumstances of the case
to determine conformity
with the Comprehensive
Plan, and to zoning, and
subdivision regulations, soil
erosion and sedimentation
regulations, as well as the
specific regulations and
standards related to
specific classes of PD
districts contained in this
article, applicable in the
case
EVIDENCE SUBMITTED ADMINISTRATION
TO SUPPORT RECOMMENDED
FINDING(S) FINDINGS
The Board vote
unanimously to make o
recommendation for an X Yes
affirmative finding
indicating that record
contains sufficient
documentation indicating
that the Zoning' Officer
caused an internal staff
review of the application
to determine compliance
with all applicable
regulations that could
impact the project. |
Further, the Board found
that there was sufficient
documentation within the
record indicating that the
Zoning Officer
determined that there
was sufficient information
to allow for the formal
acceptance of the
application and allow the
project to move forward
through the review
EVIDENCE
SUBMITTED T0
SUPPORT
FINDING(S)
The Administration
makes m
No recommendation for
an affirmative
finding based on
information contained
�
within the record
'No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
The Board voted
The Administration
Section 7.5.3 Preliminary
unanimously to make a
makes a
Conferences with
X Yes
No
recommendation for an
X Yes
No
recommendation for
Applicant
affirmative finding
an affirmative
Following such study,
indicating that record
finding based on
unless complete conformity
contains sufficient
information contained
is found, the applicant shall
documentation indicating
within the record
be notified in writing of
that the Zoning Officer
discrepancies, and of the
asked the applicant to
willingness of the Zoning
submit additional
Officer to confer for the
documentation
purpose of assisting in
concerning this project to
bringing the material
clarify and specific
submitted, as nearly as
various aspects of the
possible, into conformity
project.
with requirements and/or to
define specifically the
Staff received additional
modification(s) of
information on the
regulations or of the
following dates:'
Comprehensive Plan which
seem justified in view of
1. January 4, 2008,
equivalent service of public
2. January 7, 2008,
purposes by the proposal.
3. January 18,
If the applicant joins in such
2008,
conferences, changes may
4. January 25,
be made in the original
2008,and
proposal, further
conferences may be held,
5. February 4, 2008
and additional material may
The revised application
be requested to guide in
was deemed to be
determinations.
complete for presentation
at the February 19, 2008
In the course of such
Quarterly Public Hearing
preliminary conferences,
held by the BOCC and
recommendations for
the Planning Board
changes shall be recorded
in writing along with the
reasons therefore, and shall
become part of the record
in the case. Applicants
shall indicate, in writing,
their disagreement and the
reasons therefore. Such
response by applicants
shall also be included in the
record.
M
.4
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
Section - 7.5.4 Zoning
Officer's
Recommendations
At such time as further
conferences appear
unnecessary, or at any time
on request of the applicant,
the Zoning Officer shall
prepare a written report to
the Planning Board and
Board of County
Commissioners, containing
the following findings:
The Administration
The Board voted Five (5)
makes a
(a) As to the suitability of
to Three (3) to
recommendation for
the proposals for the
recommend a negative
an affirmative
general type of PD
finding on this item
finding based on
category, the physical
indicating that:
information contained
characteristics of the land,
Yes
X No
X Yes
No
within the record,
and relation of the
The project is not
specifically:
proposed development to
consistent with other
1. REPORT D-1 as
surrounding areas and
nearby existing
contained within
existing and probable future
development (existing
Attachment Five
development;
residential areas) and
(5) of the record
goals and
(pages 138-143)
recommendations of the
submitted by
Efland-Mebane Small
Planning staff
Area Plan and
responding to
The project does not
questions about
involve the creation of a
the projects
development with the
consistency with
range of uses (i.e.
various, approved,
manufacturing and
planning
industrial) as anticipated
documents,
by the EDD Design
2.REPORT E-13 as
Manual for the specified
contained within
area, but involves
Attachment Five
primarily retail trades,
(5) of the record
hotels and services
(pages 381-384)
addressing
concerns over the
projects
E
the Efland-Mebane
Small Area Plan,
3. REPORT F-3 as
contained within
Attachment Five
(5) of the record
(pages 511-512)
addressing the
projects
consistency with
surrounding
development,
4. REPORT F-7 as
contained within
Attachment Five
(5) of the record
(pages 537-554)
providing an
analysis of the
requested uses for
this project and
their consistency
with the existing
Economic
Development
District Design
Manual,
The project is
proposed to be
developed in an
existing Economic
Development District
where such project
are a permitted use
of property subject to
the approval of a
Planned
Development (PD)
master plan in
accordance with
Article Seven (7) of
the Zoning
Ordinance.
The
anticipated/probable
future land uses
within this area will
be non-residential in
nature and, as a
result, the
Administration finds
that the project is
consistent with the
overall vision and
anticipated land uses
for the area as
detailed within both
the Economic
cs�a
Development District
Design Manual and
the Orange County
Comprehensive Plan
Further,
Administration makes
a recommendation
for an affirmative
finding as no
evidence was
presented to refute
the testimony or
evidence entered into
the record concerning
this matter.
b) As to relation to major
roads and mass transit
The Board voted Five (5)
The Administration
facilities, utilities and
to Three (3) to
makes a
other facilities and
Yes
X No
recommend a negative
X Yes
No
recommendation for
services;
finding on this item
an affirmative
indicating that:
finding based on
information contained
The transportation
within the record,
analysis fails to
specifically:
adequately address
issues related to
1. The revised TIA
weekend travel patterns,
analysis
issues related to County
submitted by
residents' travel to the
Arcadis, the
project property, and
applicant's
insufficiently addresses
transportation
issues that would arise in
engineering firm,
the event that NC DOT
detailing
fails to fund necessary
weekend counts
improvements in 1-40 and
on existing and
Buckhorn Road
proposed traffic
impact on local
roadways,
2. Testimony from
staff and the
applicant
indicating that
each site plan
submitted
proposing
development
within the project
will include a full
transportation
assessment that
will be reviewed
and approved by
staff and the NC
DOT prior to the
issuance of a
land disturbance
permit and that a
condition of this
approval would
O
be that all
external and
internal traffic
improvement
would be
completed prior
to the issuance
of a Certificate of
Occupancy,
Funding of the
transportation
requirements of the
Buckhorn Village
Planned
Development is the
responsibility of the
applicant, its
successors and
assigns. If external
or internal roadway
improvements are not
completed, or cannot
be completed, then
permits will not be
issued in accordance
with the conditions
associated with the
approval of this
project.
Further,
Administration makes
a recommendation
for an affirmative
finding as no
evidence was
presented to refute
the testimony or
evidence entered into
the record concerning
this matter.
c) As to the adequacy of'
The Board voted
The Administration
evidence on unified
control and the suitability
unanimously to make a
X Yes
makes a
No recommendation for
of any proposed X Yes
recommendation for an
No recorn
affirmative finding
an affirmative
agreements, contracts,
deed restrictions,
indicating that the
finding based on
sureties, dedications,
application contains all
information contained
within the record
contributions,
sufficient information
uarantees, or other
outlining the steps that
instruments, or the need
will be taken to guarantee
for such instruments, or
the unified control of the
for amendments in those
project
proposed;
d) As to the suitability of
plans proposed or the
desirability of
amendments;
01
The applicant proposed
Fourteen (14) Design
Solutions (i.e.
amendments) for this
project. Action on these
items were as follows:
At their August 13, 2008
The Administration
DESIGN SOLUTION ONE:
meeting, Board members
makes a
As outlined on page fifteen
X Yes
No
asked for a re-analysis of
X Yes
No
recommendation for
(15) of the application
this item due to revised
an affirmative
reading as follows:
information concerning
finding based on
the ability for these units
information contained
'The applicant requests
to be supported by local
within the record
a waiver from Section
infrastructure (i.e.
2.2 of the EDD Design
water/sewer) and based
Manual'
on clarification of staff's
The applicant is requesting
original comments and
the ability to allow for multi-
recommendations
family residential
concerning this item
development within Districts
11 and III of the project.
The Board voted Five (5)
Currently, multi-family
to Three (3) to
residential land uses are
recommend approval of
not listed within the
the Design Solution as
Economic Development
presented by the
Primary (ED-P) zoning
applicant.
district, which the subject
property is currently zoned.
DESIGN SOLUTION TWO:
During their August 13,
The Administration
The applicant had originally
2008 meeting, the
makes a
requested that the existing
Planning Board voted to
recommendation for
composite ratio methods
re-evaluate the request
an affirmative
established within the EDD
based on the applicant's
finding based on the
Design Manual be replaced
X Yes
No
proposed revision.
X Yes
No
revised Design
with a 'floor area ratio' and
Solution requiring the
,maximum building height'
The Board voted
developer to adhere
limitation to control land use
unanimously to
to a Site Volume
intensity, specifically a
recommend approval of
Ratio of One (1) for
maximum floor area ratio of
the revised Design
the entire project and
point thirty (.30) and a
Solution as follows:
that each site plan
maximum building height of
submitted proposing
six (6) stories.
The Buckhorn Village
the development of
Planned Development
an approved land use
On July 31, 2008 staff
shall adhere to a
shall provide the
received a letter from the
cumulative Site Volume
necessary data
developer indicating that
Ratio of One (1) for the
indicating compliance
they would like to revise the
entire project. The
with this standard.
requested Design Solution
developer is required to
and request that they be
demonstrate on all
allowed to adhere to a Site
submitted site plans the
Volume Ratio of One (1) for
cumulative total of
the entire project as
building and landscape
detailed within Section 2.3
volume ratios and define
Land Use Intensity of the
how each individual
EDD Design Manual
development project is
complying with the overall
635)
Site Volume Ratio
standards of One (1)
DESIGN SOLUTION
The Planning Board
The Administration
makes a
THREE:
voted Six (6) to Three (3)
recommendation for
As outlined on page twenty
to make an affirmative
finding and recommend
an affirmative
finding on the
(20) of the application
X Yes
No
approval of the proposed
X Yes
No
Design Solution
reading as follows:
'The
Design Solution based on
allowing for the
applicant requests
staff's finding and on the
modification of the
a waiver from Section
2.4 Environmental
following conditions:
maximum slope
Factors — Grading and
I.That the waiving of
factor when it can be
Erosion Control
the grading
demonstrated that
Planting Area Slopes of
requirement be
the request is
the EDD Design Manuel'
reviewed on a case-
necessary to address
by-case basis in
issues associated
The applicant is requesting
accordance with
with avoiding
the ability to utilize a
staff's
unnecessary grading
maximum slope factor of
recommendation,
or land disturbance.
2:1 rather than the listed
and
maximum slope of 3:1.
2.That DENR best
Within the request the
management
applicant indicates that the
practices be applied
existing grade of the
to the grading and
property would require
re-establishment of
`unnecessary grading and
grass slopes
increate the total footprint of
disturbance' if the
maximum 3:1 slope ratio
was adhered to.
The applicant is requesting
the ability to use a slope
ratio of 2:1 or flatter in an
effort to avoid unnecessary
disturbance on the property
and make use of the natural
shape of the land with
minimal grading.
DESIGN SOLUTION
The Planning Board
The Administration
makes a
FOUR:
voted Eight (8) to One (1)
recommendation for
As outlined on page twenty
to make an affirmative
an affirmative
(20) of the application
finding and recommend
finding on . the
reading as follows:
X Yes
No
approval of the proposed
X Yes
No
Design Solution
Design Solution based on
allowing for the
`The applicant requests a
staff's finding and on the
modification for
waiver from Section 2.4
following conditions:
access/drive way
Environmental Factors —
Grading and Erosion
1. That the waiving of
slopes in cases
Control — Driveway and
the requirement be
where it can be
demonstrated on a
Access Drive Slopes of the
reviewed on a case-
site specific
EDD Design Manual'
by-case basis in
development plan
The applicant is requesting
accordance with
staff's
that the additional
the ability to utilize NC DOT
recommendation,
slope is necessary to
standards of two percent
com I with NC DOT
IN,2
1/9
(2%) or 1/4" per foot
minimum and a twelve
percent (12%) maximum
access/drive slope where
necessary.
The applicant argues that
with the existing slope
standards of two percent
(2%) minimum and five
percent (5%) maximum for
access/driveways is
common, there will be need
for additional flexibility
given the number of
connections proposed with
this development.
requirements
DESIGN SOLUTION FIVE:
The Planning Board
The Administration
voted Eight (8) to One (1)
makes a
As outlined on page twenty-
to make an affirmative
recommendation
for affirmative
seven (27) of the
finding and recommend
approval of the proposed
an
finding on the
application reading as
follows:
X Yes
No
Design Solution based on
X Yes
No
Design Solution
'The applicant requests a
staff's finding and on the
allowing for the
waiver from Section 3.1
following conditions:
modification Of
setback requirements
Architectural Design —
1. The modification shall
only in situations
Building Setbacks and
only be allowed when
where the developer
Height of the EDD Design
the applicant can
can demonstrate on
Manual and the required
demonstrate on a
a site-specific
ten (10) foot driveway
site-specific
development plan
setback'
development plan
that the proposed
The applicant is requesting
that the proposed
buildings will be able
the ability modify the
buildings will be able
to be accessed by
existing setback and
to be accessed by
local emergency
building height limitations
local emergency
responders including
for internal property lines
responders including
fire, EMS and police
for the Buckhorn Village
fire, EMS and police
to address a public
project to allow for:
to address a public
safety issues
safety issue in
1. A front, side, and
keeping 'with staff
rear yard setback for
recommendations
freestanding buildings
and structures of ten
(10) feet versus
twenty-five (25) feet,
2. A setback for in-line
shops and buildings of
one (1) foot for front
and rear setbacks and
a zero (0) side yard
setback,
A zero (0) line setback for
buildings adjacent to
vehicular use areas,
storage areas, and signs.
DESIGN SOLUTION SIX:
The Planning Board
The Administration
makes a
voted Eight (8) to One (1)
As outlined on page thirty
to make an affirmative
recommendation for
(30) of the application
finding and recommend
an affirmative
reading as follows:
approval of the proposed
finding on the
`The applicant requests a X Yes
No Design Solution with the X Yes
No Design Solution
allowing for the
waiver from Section 3.1
following conditions:
modification in only in
Architectural Design —
1.The light reflecting
cases where it can be
Corrugated Metal; Highly
from roofing materials
demonstrated on a
Reflective Surfaces; and
and will not create a
site-specific
Illuminated Roofing of the
public safety, traffic
development plan
EDD Design Manual'
hazard, or annoyance
that the:
The applicant is requesting
to others,
1. The light
the ability to have flexibility
2.All roof materials shall
reflecting from
in using highly reflective
have SRI for roof
roofing materials
roof materials when they
pitches less than 2:12
and will not
are designed to achieve the
of 78 and an SRI of 29
create a public
various energy objectives
for roofs with a pitch
safety, traffic
outlined within the
greater than 2:12
hazard, or
to
application.
(Reference to LEED
annoyance
others, and
Standards)
2. All roof materials
shall have SRI
for roof pitches
less than 2:12 of
78 and an SRI of
29 for roofs with
a pitch greater
than 2:12
(Reference to
LEED
Standards)
The Planning Board
The Administration
DESIGN SOLUTION
voted unanimously to
makes a
SEVEN:
make an affirmative
recommendation for
As outlined on page thirty
finding and recommend
approval of the proposed
an affirmative
finding on the
.(30) through thirty-one (31) X Yes
the application reading
No Design Solution with the Yes
No Design Solution
for the
of
following conditions
allowing
as follows:
modification in only in
'The applicant requests a
I.The light reflecting
cases where it can be
waiver from Section 3.1
from solar energy
demonstrated on a
Architectural Design —
collection features will
site-specific
Corrugated Metal; Highly
not create a public
development plan
Reflective Surfaces; and
safety hazard, and
that the:
Illuminated Roofing of the
2.Any buildings utilizing
EDD Design Manual'
solar panels shall have
1. The light reflecting
The EDD Design Manual
its longer building axis
from solar energy
collection. features
requires that solar panels
is at least one and a
half (11/2) times the
will not create a
must be flush with the slope
shorter axis and the
public safety
of the roof. The applicant
longer axis is within
hazard, and
indicates that there may be
situations where solar
fifteen degrees (150) of
2. Any buildings
panels cannot be flush with
the geographic
utilizing solar
the roof and that flexibility is
east/west axis (LEED
panels shall have
needed to allow for their
Standard)
its longer building
axis is at least one
use
IN
and a half (I Y2)
times the shorter
axis and the longer
axis is within
fifteen degrees
(150) of the
geographic
east/west axis
(LEED Standard)
r
'90-2
DESIGN SOLUTION-_
EIGHT:
The Planning Board
voted Seven (7) to Two
As outlined on pages thirty-
(2) to make an
two (32) through thirty-three
affirmative finding and
(33) of the application
recommend approval of
reading as follows:
the proposed Design
Solution with the following
`The applicant requests a
conditions:
waiver from Section 3.2
Landscape Design —
X Yes
1. Fifty percent (50%) of
X Yes
No
Landscaping Parking
.
the parking lot surface
Areas of the EDD Design
area shall be in shade
Manual'
within five (5) years of
The EDD Design Manual
initial canopy tree
planting,
requires that a landscape
2.Parking surface paving
island be provided for every
materials shall have a
ten (10) parking spaces.
SRI of at least 29
The applicant is proposing
(LEED Standard), and
the following:
3.Open grid parking lot
shade trees are to be
paving or other
provided at a ratio of one
pervious paving
systems are strongly
(1) three inch (3) caliper
encouraged because
tree per ten (10) individual
of their high
parking spaces provided
reflectance values and
that ninety percent (90%)
their compatibility with
of the spaces are within
heat island effect
fifty (50) feet of the center
reduction.
of a shade tree'
The applicant argues that
this provision will require
the planting of the same
number of tress that would
be required under the
Design Manual, but would
allow for larger trees to be
planted, allow for a more
compact parking lot with
less impervious - surface
area
The Planning Board
The Administration
DESIGN SOLUTION NINE:
voted Seven (7) to Two
makes a
As outlined on page thirty-
(2) to make an
recommendation for
four (34) of the application
affirmative finding and
an affirmative
the
reading as follows:
X Yes
No
recommend approval of
the proposed Design
X Yes
No
finding on
Design Solution
`The applicant requests a
Solution
allowing for the
waiver from Section 3.2
modification
Landscape Design —
Building and Grounds of
the EDD Design Manual'
The EDD Design Manual
requires that the entire
base or foundation of a
proposed structure is to be
landscaped. The applicant
790-1
is proposing the following:
I ... to provide for building
and grounds Landscaped
Areas along thirty percent
(30%) of a buildings
perimeter to soften
building edges while
maintaining necessary
sidewalk and outdoor
display areas'
The applicant argues that
this modification will allow
for the use of sidewalks and
pedestrian plazas to
promote the accessibility of
the project.
The Planning Board
The Administration
DESIGN SOLUTION TEN:
voted Six (6) to Three (3)
makes a
As outlined on page thirty-
to make an affirmative
recommendation
five (35) of the application
finding and recommend
for an affirmative
reading as follows:
approval of the proposed
finding on the
X Yes
No
Design Solution
X Yes
No
Design Solution
' The applicant requests a
allowing for the
waiver from Section 3.2
The Board also
modification on the
Landscape Design —
recommended that
condition that it only
Building and Grounds of
conditions be placed on
be permitted in
the EDD Design Manual'
the SUP indicating that
situations where the
The EDD Design Manual
this Design Solution can
only be utilized when the
developer can
indicates that no fence or
applicant can
demonstrate on a
wall shall be allowed within
demonstrate on a site-
site-specific
ten (10) feet of any front
specific development plan
development plan
property line or street right-
that there shall not be any
that the design
of-way.
public safety risk created,
feature will not create
The applicant is proposing
and additional
a public safety risk
and that the
to reduce this requirement
encroachment is needed,
encroachment is
and allow for the placement
to foster the development
needed to foster
of landscape and
of acceptable
acceptable
architectural walls within
architectural features
architectural features
one (1) foot of internal
and/or landscaping.
and/or landscaping.
property lines and street
right-of-ways provided that
adequate site triangles and
utility accesses are
preserved.
The Planning Board
DESIGN SOLUTION
voted Six (6) to Three (3)
ELEVEN:
to make an affirmative
As outlined on page thirty-
finding and recommend
1 Project ID Sign
50' high
six (36) of the application
approval of the proposed
Design Solution and to
40' top of sign
reading as follows:
impose the various sign
800 sq.ft. total
`The applicant requests a
conditions as
Not more than 400
waiver from Section 3.5 X Yes
No recommended by staff. X Yes
No sq.ft. per side
Signs and Lighting — Signs
— General Criteria of the
The Board further voted
2. A Maximum of
EDD Design Manual'
to recommend denial of
eight (8)
the proposed Primary
Tenant/Directory
The EDD Design Manual
Project ID sign requested
Signs that are
limits the use of signs within
by the applicant,
fifteen (15) feet in
this district beyond what is
specifically the request
height and have
needed to support the
for:
three hundred
project.
The applicant requests the
One (1) PD identification
(300) square feet
of sign area each,
following:
sign that is fifty (50) feet
I.One (1) project
in height not more than
3. For each 'Major/
identification sign that
24' wide placed no higher
Minor Tenant'
is fifty (50) feet in
than 40' and not more
three (3) signs
height and six hundred
than 600 SF per side for
(wall, window, etc)
(600) square feet in
two sides,
for each building,
area,
4. One (1) projecting
2.A Maximum of eight
sign for each
'Minor Tenant',
(8) Tenant/Directory
Signs that are fifteen
Directional signs at a
(15) feet in height and
maximum height of
have three hundred
twelve (12) feet with
(300) square feet of
a maximum size of
sign area each,
one hundred (100)
3.For each 'Major/Minor
square feet for each
Tenant' three (3) signs
sign
(wall, window, etc) for
each building,
4.One (1) projecting sign
for each 'Minor
Tenant',
Directional signs at a
maximum height of twelve
(12) feet with a maximum
size of one hundred (100)
square feet for each sign
I
DESIGN SOLUTION
The Planning Board
The Administration
TWELVE
voted Six (6) to Three (3)
makes a
As outlined on page forty-
to make an affirmative
finding and recommend
recommendation
for an affirmative
two (42) of the application
approval of the proposed
finding on the
reading as follows:
X Yes
No Design Solution X Yes
No Design Solution
The applicant requests a
allowing for parking
waiver from Section 3.3
modification and
Circulation and Parking —
LM
Parking Standards of the
recommends
EDD Design Manual'
approval of the
The applicant is requesting
various parking
conditions
that required parking for
recommended by the
retail uses be modified from
Zoning Officer and
one (1) space for every two
the Planning Board
hundred (200) square feet
that have been
to one (1) space for every
agreed to by the
three hundred (300) square
applicant.
feet.
The Planning board
50% mature trees;
DESIGN SOLUTION
voted Six (6) to Three (3)
50% new low
THIRTEEN
Yes
X No
to make an negative
X Yes
No
landscaping near
As outlined on page forty-
finding and recommend
water quality ponds
five (45) of the application
denial of the proposed
and berms.
reading as follows:
Design Solution
Addressed in SUP
conditions of
'The applicant requests a
approval.
waiver from Section 3.2 of
the EDD Design Manual
requiring that breaks in the
MTC buffers be limited to
one (1) and no more that
twenty-five percent (25%)
of the total buffer'
The applicant is requesting
that more 'buffer breaks'
from 25% to 60% be
allowed along the Interstate
to afford the development
additional visibility.
DESIGN SOLUTION
FOURTEEN
The Planning Board
See Condition 'P'
voted Seven (7) to Two
Buffers will satisfy a
As outlined on page forty-
Yes
X No
(2) to make an negative
X Yes
No
balance of screening
six (46) of the application
finding and recommend
and economic
reading as follows:
denial of the proposed
visibility and viability.
'The
Design Solution
Addressed in SUP
applicant requests a
conditions of
waiver from Section 3.2 of
approval.
the EDD Design Manual
requiring fifty (50) to one
hundred (100) foot buffers
along adjacent residential
properties along Buckhorn
Road'
The applicant is proposing
to reduce this buffer to
twenty-five (25) feet in
width
e) As to the adherence to
PD or general regulations
or as to desirable specific
modifications in PD or
general regulations as
applied to the particular
case, based on
ARTICLE 7 SECTION 7.21 PD ED PLANNED DEVELOPMENT ECONOMIC DEVELOPMENT DISTRICT (,Ye
indicates complaint; 'No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
determination that such
modifications are necessary
The Administration
Section 7.21.1 PD-ED
or justified in the particular
Planning Board voted Six
makes a
District:
case by demonstration that
(6) to Two (2) to make an
recommendation for
PD-ED District(s) may be
the public purposes of PD
affirmative Indicating
an affirmative
established in accordance
Yes
X Y
or other regulations would
that the Applicant had
X Yes
No
finding based on
information contained
with the general procedures
be met to at least an
submitted a development
and requirements set forth
equivalent degree by such
proposal requesting:
within the record
in Articles 7.1 through 7.9
modifications.
1. The rezoning of
and with the intensities and
ARTICLE 7 SECTION 7.21 PD ED PLANNED DEVELOPMENT ECONOMIC DEVELOPMENT DISTRICT (,Ye
indicates complaint; 'No' indicates non-compliance)
ORDINANCE
REQUIREMENTS
PLANNING
BOARD
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDING(S)
ADMINISTRATION
RECOMMENDED
FINDINGS
EVIDENCE
SUBMITTED TO
SUPPORT
FINDING(S)
On August 13, 2008 the
The Administration
Section 7.21.1 PD-ED
Planning Board voted Six
makes a
District:
(6) to Two (2) to make an
recommendation for
PD-ED District(s) may be
affirmative Indicating
an affirmative
established in accordance
Yes
X Y
No
that the Applicant had
X Yes
No
finding based on
information contained
with the general procedures
submitted a development
and requirements set forth
proposal requesting:
within the record
in Articles 7.1 through 7.9
1. The rezoning of
and with the intensities and
property from
in locations in accordance
Economic
with the Comprehensive
Development (ED)
Plan and the Zoning
to Buckhorn Village
Ordinance and Atlas.
Planned
Development
The purpose of this district
Economic
is to provide for properly
Development
located and planned non-
(BVPD-ED)
residential development
2. The approval of a
consistent with Orange
Planned
County's Strategic Plan for
Development-Class
Economic Development.
A Special Use
Permit Application
Specifically, this district is
(hereafter 'PD/SUP')
intended to provide an
proposing the
opportunity for development
development of a
plans, submitted under the
unified commercial
provisions of Article 6.29
center on the
(Development Standards
property.
for Economic Development
Within the application, the
ED Districts) of this
applicant indicates that
ordinance, to be considered
they are seeking to
for approval when such
propose modifications of
plans do not:
existing regulations within
1. Meet the criteria for
Article 6.29 (ED Design
site plan approval
Manual) to allow for the
listed on Article 14.3;
development of the
2. Address agency
project.
comments solicited
The applicant is seeking
during the site plan
to revise fourteen (14)
review process; and /or
design standards to allow
for the PD /SUP to be
3. Adhere to the design
approved by the Board of
standards applicable
County Commissioners.
within Economic
Development Districts
The submitted application
as set forth in Article
includes a detailed
6.29 of this ordinance,
description of the overall
purpose and intent of the
and which pose a design
development while
solution which is equal to or
indicating that the
better than could be
applicant is proposing
obtained through the
fourteen (14) design
application of the criteria
solutions to address
and standards contained in
specific development
the Design Manual.
issues associated with
In such cases, application
this project and that the
for and approval of a
application complies with
Planned Development
all applicable submittal
District shall be governed
requirements outlined
by the general and specific
within Articles Seven (7)
standards and procedures
of the Zoning Ordinance.
for the issuance of a
Planned Development
Permit as set forth in this
Article.
ARTICLE 8 — REGULATIONS GOVERNING
INDIVIDUAL SPECIAL USES ("Yes" indicates
compliance; "No"
indicates non-compliance)
EVIDENCE
PLANNING
EVIDENCE SUBMITTED
ADMINISTRATION
SUBMITTED TO
ORDINANCE BOARD
TO SUPPORT
RECOMMENDED
SUPPORT
REQUIREMENTS FINDINGS
FINDING(S)
FINDINGS
FINDING(S)
Section 8.8 Regulations
Governing Individual
Special Uses:
The regulations for each
Class A and Class B
Special Use are divided
generally into two sections:
the first consists of
additional and specific
components of the
application beyond those
necessary to comply with
Section 8.6, while the
second consists of the
specific standards which
are supplementary to the
general standards in
Section 8.2 and to the
required conditions in
Subsection 8.4.7.
The following additional
information is required for
all Special Use
Applications:
On August 13, 2008 the
The Administration
8.8 a) — For Class A
Planning Board voted Six
makes a
recommendation for
Special Uses twenty-six
(6) to Two (2) to make an
affirmative Indicating
an affirmative
(26) copies of the Site Plan,
for Class B Special
X Yes
No that the Applicant had X Yes
No finding based on
and
Uses ten (10) copies of the
submitted the necessary
information contained
within the record,
Site Plan, prepared by a
site plans as required,
and detailed, within
specifically, the
registered North Carolina
Section 7.5.1 of the
applicant has
land surveyor, landscape
Ordinance.
submitted a site plan
architect, architect, or
prepared by Summit
engineer, which shall
The Board based their
Consulting, a
contain the information
decision on staff's
registered
listed in Article 14.2.2.
assessment that while
engineering/survey
Where the application
typical Special Use
firm within the State
involves a Preliminary
projects require a site
of North Carolina,
Subdivision Plat, twenty-six
plan submitted showing
and Mr. Scott Murray
(26) copies of the , Plat
all applicable information
of Scott T. Murray
prepared in accordance
detailed within Section
Incorporated, a
with Section V of the
14.2 of the Ordinance,
certified landscape
Orange County Subdivision
Planned Development
architect.
Regulations shall be
projects are not held to
provided
the same standard given
As previously._
C-4D?
facilities such as
open space,
recreational
installations,
improvements,
etc,
e.A general
description of
the method of
financing the
installation and
operation of the
common
facilities, and
f. A schedule of
construction of
all elements of
the proposal
2.While all Planned
Development
projects are
required to obtain
a Class A Special
Use Permit, the
project is not a
typical Special Use
project where a
specific land use is
being proposed.
As a result a
detailed site plan
is not required,
3.Section 7.21 of the
Ordinance
indicates that a
project within 6
Economic
Development
District is a
Planned
Development
when it cannot
meet the criteria
for site plan
approval as listed
in Section 14.3 of
the Ordinance.
This section
requires that staff
approve a formally
submitted site plan
that indicates how
it complies with the
various provisions
of the Ordinance.
This application
cannot supply a
specific site plan
as it is pr posing
to modify/alter
existing design
standards and
because it is not
proposing a
specific use . of
property. This is a
master/concept
plan proposing the
overall
development of a
parcel of property
through the
various provisions
contained in Article
Seven (7) of the
Ordinance.
8.8 b) Elevations of all
On August 13, 2008 the
The Administration
makes a
proposed structures to be
Planning Board voted
unanimously to make an
recommendation for
used in the development.
affirmative Indicating
an affirmative
X Yes
No that the Applicant had X Yes
No finding based on
information contained
submitted the necessary
architectural renderings
within the record
within the application
outlining the proposed
height, construction
materials. and elevations
Of the proposed
structures.
8.8 c) — Twenty-six (26)
On August 13, 2008 the
The ' Administration
makes a
copies of the Environmental
Planning . Board voted
unanimously to make an
recommendation for
Assessment and/or.
Environmental Impact
affirmative Indicating
an affirmative
No finding based on
Statement, if required, by X Yes
No that the Applicant had Yes
information contained
the . Orange County
submitted the necessary
documentation to satisfy
within the record
Environmental Impact
Ordinance.
this requirement.
Specifically, the Board
found that the Phase One
Environmental Site
Assessment, completed
by GEL Engineering of
North Carolina, was
sufficiently detailed to
provide the required
information.
8.8 d) - A fee, as set by the
On August 13, 2008 the
The Administration
makes a
Orange County Board of
Planning Board voted
unanimously to make an
recommendation for
Commissioners.
affirmative Indicating
an affirmative
X Yes
No that the Applicant had X Yes
No finding based on
information contained
submitted the necessary
within the record
review fee
(+�D
8.8 e) --Method of disposal_
On August 13, 2008 the
The Administration
of trees, limbs, stumps, and
Planning Board voted Six
makes a
construction debris
(6) to * Two (2) to make an
recommendation for
associated with the activity
X Yes
No
affirmative Indicating
L. Yes
No
an ' affirmative
that the Applicant had
finding based on
testified for the record
information contained
that trees, limbs, stumps,
within the record
and construction debris
created from land
clearing activities would
be disposed off in
accordance with County
policies.
ARTICLE 8.2.4 - SPECIFIC STANDARDS/ALL
SPECIAL USES ("Yes" indicates compliance,
"No" indicates
non. -compliance) (continued)
EVIDENCE
PLANNING
EVIDENCE SUBMITTED
ADMINISTRATION
SUBMITTED TO
ORDINANCE
BOARD
TO SUPPORT
RECOMMENDED
SUPPORT
REQUIREMENTS
FINDINGS
FINDING(S)
FINDINGS
FINDING(S)
In addition to the general
standards stated in 8.2 the
following specific standards
shall be addressed by the
applicant before the
issuance of a Special Use
Permit:
On August 13, 2008 the
The Administration
makes a
a) Method and adequacy
of provision of sewage
Planning Board voted Six
(6) to Two (2) to make an X Yes
No recommendation for
disposal facilities, solid
waste, and water. X Yes
No affirmative Indicating
I
an affirmative
based on
that the Applicant had
finding
information contained
sufficient information
relevant to this finding.
within the record,
specifically:
Specifically, the applicant
I.The Application,
has indicated that the
specifically
project will be served via
Chapter Four (4)
existing public water and
detailing the
sewer lines maintained by
anticipated
the City of Mebane.
improvements that
will be made to
Further, the applicant has
existing
indicated that any and all
water/sewer
required utility
infrastructure to
improvements necessary
support this
to support the project,
project.
both on and off-site, shall
be completed by the
2.A letter provided
developer.
by the City of
Mebane during the
February 23,
Public Hearing
indicating that they
can support the
development of
this project from ,a
utility . service
perspective,
3. REPORT F-4 as
contained within
Attachment Five
(5) of the record
(pages 523-528)
submitted by Paul
Thames
discussing
water/sewer
(sD
issues associated
with this project
and the Efland
Sewer project,
4.The Orange
County Water and
Sewer
Management
Planning and
Boundary
Agreement
(WSMPBA)
indicating cating that this
area is intended to
be served by
public water and/or
sewer.
b) Method and adequacy
On August 13, 2008 the
The Administration
of police, fire and
Planning Board voted Six
makes a
rescue squad
(6) to Two (2) to make an
recommendation for
protection.
affirmative Indicating
an affirmative
X. Yes
No
that the Applicant had
X Yes
No
finding based on
supplied sufficient
information contained
information concerning
within the record
the provision of these
services. .
Specifically that fire
protection will be
provided by the Efland
Fire Department, rescue
service by the Orange
County Emergency
Management, and police
protection by the Orange
County Sheriff
c) Method and adequacy
On August 13, 2008 the
The Administration
of vehicular access to
Planning Board voted Six
makes a
the site and traffic
(6) to Two (2) to make an
recommendation for
conditions around the
affirmative Indicating
an affirmative
site.
X- Yes
No
that the Applicant had
X Yes
No
finding based on
provided sufficient
information contained
detailed concerning this
within the record
item to make an
affirmative
recommendation.
Specifically, the Board
found that a traffic impact
analysis (TIA) has been
submitted and reviewed
in accordance with the
provisions of Article
Thirteen (13) of the
Zoning Ordinance.
I
Further, this report
indicated that any and all
necessary external and
internal roadway
improvements shall be
installed prior to the
commencement of non-
residential land use
operations within the
project as detailed within
the TIA and required by
NC DOT
d) Other use specific
On August 13, 2008 the
The Administration
standards are set forth
Planning Board voted Six
makes a
in Section 8.8.
(6) to Two (2) to make an
recommendation for
affirmative Indicating
an affirmative
X Yes
No
that the Applicant
X Yes
_ No
finding based on
_
provided necessary detail
information contained
per the requirements of
within the record
Section 8.8 and,
specifically, Section
8.8.23
EVIDENCE
PLANNING EVIDENCE SUBMITTED ADMINISTRATION SUBMITTED TO
ORDINANCE BOARD TO SUPPORT RECOMMENDED SUPPORT
REQUIREMENTS FINDINGS FINDING(S) FINDINGS FINDING(S)
in accordance with Article
8.2] and 8.22 of the
Zoning Ordinance, the
Board of Commissioners
shall also consider the
following general conditions
before the application for a
Special Use can be
approved:
Article 8.2.1.b
1. The use will maintain or
promote the public heolth,
safety and general welfare,
if located where proposed
and developed and
operated according to the
plan aasubmitted.
| | |
/ � / /
2. The use will maintain or
enhance the mduo of
contiguous property (unless
the use is a public
necessity, in which case the
use need not maintain or
enhance the value of
contiguous property).
Article 8.2.1
3, The location and
character of the use, if
developed according tuthe
plan submitted, will be in __Will
harmony with the area in
which \tistobe located and
the use is in compliance
with the plan for the
physical development ofthe
County as embodied in
these regulations or in the
Comprehensive P|an, or
portion thereof, adopted by
the Board of County
Commissioners. �
RECOMMENDATION:
PENDING:
On August 13, 2008 the
Planning Board voted
o��nuath/e X Will
—Will make me an _
Not finding.
On August 13, 2008 the
Planning Board voted
Will make an affirmative
Not finding.
x Will
Will
Not
will
Not
The record supports
an affirmative finding.
The record supports
an affirmative finding.
On August 13, 2008 the
X_ Will
Not
Planning Board voted
Three (3) Ayes to Five (5)
Noes to make an
affirmative finding.
X Will — Will
Not
The record supports
an affirmative finding.
ATTACHMENT THREE C (3C) - CONDITIONS OF APPROVAL (COA)
The following is a detailed list of the various conditions recommended by the
ADMINISTRATION concerning the approval of this project.
These special terms and conditions shall encumber the development. and bind the
owners and lessees, as well as their successors. These special terms and conditions
are required to be mutually agreed to by the Developer in order to be imposed.
It needs to be remembered, however, that the developer is required to develop this
project, including any and all internal and external improvements, in accordance with:
1. The provisions of the Orange County Zoning and Subdivision Regulations,
including the Economic Development District Design Manual and
2. Any and all applicable Federal, State, and local regulations.
These special terms and conditions are the only regulatory guidelines that are subject
to review and approval by the applicant.
If this project is approved all concept plans, reports, renderings, comments,
commitments, and supporting documentation contained within the record of the
Project's approval shall be incorporated and made a part of the Class A Special Use
Permit (hereafter 'SUP').
Please refer to Attachment Three E (3E) the Special Use Permit for a detailed
description of all recommended conditions along with renderings and examples of
various standards for review and comment.
With that, the following special terms and conditions are recommended for the approval
of the Buckhorn Village Planned Development project:
A — OWNERSHIP AND MANAGEMENT:
1. BRA and/or their successors, by restrictive covenant or otherwise, shall
incorporate the various conditions and development standards, as detailed
herein, into all leases and/or individual sale documents ensuring the perpetual
adherence to all terms and conditions of this SUP and guaranteeing unified
control of the Project.
2. There shall be no subdivision of any portion of the Property, including all property
within any of the three (3) development districts, until the installation of all
required infrastructure has been completed. Provided, however, any subdivision
permitted by this SUP shall be subject to the requirement that the entire Property
be subject to unified control. For purposes of this Section A.2., "infrastructure"
shall mean as follows:
ig
ON M-1
a. All external roadway improvements required to support the Project as a
whole in accordance with NC DOT, Orange County, and City of Mebane
standards,
b. All roadway improvements internal to the Project that are necessary to
support the individual development district where subdivision is proposed,
and
c. All utilities necessary to support the development district where
subdivision is proposed whether or not those utilities are installed within
the Property or outside of the Property.
3. BRA shall post bonds and/or Letter(s) of Credit in amounts deemed sufficient for
completion of construction by the County's engineer in order to cover the costs
associated with the following improvements:
a. External roadway improvements. Bonds and/or Letter(s) of Credit shall
be reviewed and approved by NC DOT and Orange County in accordance
with any and all applicable NC DOT/Orange County policies and
standards.
External roadway improvements shall be constructed or bonded in their
entirety prior to the issuance of any permit authorizing land-disturbing
activities by the County or other appropriate governmental entity.
External roadway improvements shall be completed in accordance with
the standards identified herein as well as any and all applicable NC DOT
or City of Mebane requirements.
b. External sidewalk improvements. BRA shall post the necessary bonds
and/or Lefter(s) of Credit for external sidewalk improvements associated
with the Project.
BRA shall, prior to commencing sidewalk construction, obtain all
necessary encroachment agreements for any external sidewalk
improvement to be located within NC DOT rights-of-way. For all
sidewalks located within the right-of-way, BRA shall be responsible for all
maintenance until such time that the sidewalks are accepted by a
governmental entity for maintenance.
c. External and Internal Utility Infrastructure (Water/Sewer). Bonds
and/or Letter(s) of Credit shall be reviewed and approved by the City of
Mebane and Orange County in accordance with any and all applicable
City of Mebane/Orange County policies and standards.
External and Internal Utility Infrastructure relating to the installation of
water/sewer lines shall be completed in accordance with the City of
Mebane's utility extension policies/standards. BRA shall be responsible
for all maintenance for these lines until such time as they are accepted
the City of Mebane for maintenance.
BRA shall be required to submit and receive approval of a Master Utility
Plan by the City of Mebane prior to the commencement of land disturbing
activities.
4. BRA shall develop and cause the review by the County Attorney's office and the
City of Mebane, all internal cross-easement agreements establishing vehicular
and pedestrian access throughout the Property on internal roadways, sidewalks,
trails, etc. These easement documents shall not be recorded until approved by
all identified parties.
No permits shall be issued until these easements have been recorded.
5. BRA shall develop and cause the review by the County Attorney's office and the
City of Mebane ownership agreements outlining BRA's responsibility for the
perpetual upkeep and maintenance of all common areas, roadways, sidewalks,
trails, landscape areas, internal landscaped medians, buffers, open space areas,
utilities, and other similar apparatuses associated with the development of the
Project.
No permits for the Project shall be issued until these documents have been
recorded.
6. BRA shall develop and cause the review and approval of a Memorandum of
Agreement regarding transit service among the County, City of Mebane, NC
DOT, and any other applicable transit agency.
The Agreement shall describe how the bus transit service shall be provided such
that all building entrances are within one-quarter (1/4) mile of a transit stop.
Further, the agreement shall detail how service shall be phased such that it shall
be provided prior to issuance of the last certificate of occupancy for each
development phase.
Each transit stop shall have a covered and at least partially enclosed transit
shelter with kiosks illuminated to five (5) average maintained foot-candies.
Information at each kiosk shall detail local transit information including basic
schedule and route information.
In addition to all other applicable Federal, State, and local regulations concerning
the review, approval, and permitting of any and all land disturbing activities for the
Project, the following additional requirements shall be adhered to:
1. BRA shall cause the following master planning documents to be prepared for
review and approval by the County and any other relevant local, State, or
Federal agency prior to any permit being issued for the Project:
a. A master utility plan outlining, in detail, all external and internal utility work
that will need to be completed in order to allow for the development of the
Project as approved by the County.
C D
S 7
As part of this utility master plan, BRA shall cause an agreement to be
written, executed, and recorded between BRA and the City of Mebane
describing the timing, phasing, design, and financing of public water
distribution and public sanitary sewer collection mains for the Project.
This agreement shall be reviewed and approved, as to its' content, by the
County Attorney's office and the City of Mebane prior to execution.
b. A master erosion control, grading, and stormwater plan detailing the
overall grading and stormwater management system necessary to allow
for the development of the Project as approved by the County,
c. A master internal roadway construction plan detailing the. location,
development, and use of common roadways,
d. A master open space/landscape plan outlining the management of
common area buffers as detailed herein,
e. The development of each development district shall require the
preparation of a revised Transportation Impact Analysis identifying
specific external roadway improvements that will need to be completed to
support each district within the Project.
2. Each site plan submitted proposing development within the Project shall be
required to submit documentation outlining adherence to these approved master
plans,
3. Each site plan submitted proposing development within the Project shall further
be required to submit documentation outlining adherence to any and all minimum
standards detailed -herein, specifically providing detailed information on how the
individual development plan complies, and is consistent with:
a. Impervious surface ratio allotments,
b. Site Volume Ratio requirements (please refer to Section F of this
document),
c. Building size limitations (please refer to Section D of this document),
d. Landscaping and open space management (Please refer to Section 0
and P of this document). All site plans proposing the planting of
vegetation shall include the heights for all proposed foliage, both at initial
planting and at the plant's, maturity, and
e. All other standards as detailed herein.
4. Prior to any land disturbing activity on the Project, BRA shall submit and receive
approval of a Perimeter Buffer — Open Space Management Plan detailing any
and all tree protection and open space management activities/construction
associated with the preservation and maintenance of the perimeter buffer for the
Project per Section P of this document.
19
C — PERMITTED LAND USES:
The following are the various land use categories, and specific individual land uses,
permitted for development within the Project. Uses not otherwise listed herein shall
be deemed prohibited, except as otherwise provided by law:
1. Residential Dwelling, Multi-family: Limited to a cumulative total of two hundred
(200) individual apartment or condominium units for the Project,
2. Agricultural, Forestry and Fishing: Limited to veterinarian services excluding
boarding facilities
3. Manufacturing, Assembly, and Processing:
a. Bakery,
b. Miscellaneous food preparation (i.e. coffee roasting, confectionary
products, etc),
C. Watches and clock,
d. Jewelry and silverware,
e. Musical Instruments,
4. Transportation, Communications, and Utilities:
a. Rail/Bus passenger shelter,
b. Surface and structure parking as principal use when associated
with a local or regional transportation goal (i.e. mass transit, park-
and-ride lots*, carpool parking, etc.)
C. Public utility stations and sub-stations, switching stations, and
telephone exchanges,
d. Water and sanitary sewer pumping stations
5. Retail Trade:
a. Restaurants (carry-out and general) when located within a stand
alone building, court or plaza, or an single building with multiple
tenants,
b. Retail Trade, sales and rental of durable and convenience goods,
merchandise, ad equipment when located within a stand alone
building, court or plaza, or a single building with multiple tenants.
6. Finance, Insurance, and Real Estate:
a. Banks, savings and loans, and credit unions,
b. Security and commodity brokers and investment offices,
C. Insurance carriers and agents,
0
d. Real estate agents and brokers,
e. ATM cash machines either stand along or as part of a financial
institution as approved herein,
7. Services:
a. Automotive Service (i.e. gas station)
b. Conference and/or meeting facilities,
C. Daycare facilities,
d. Hotels and Motels,
e. Schools dance, art, music,
f Beauty and barber shops,
g. Indoor theaters,
h. Indoor entertainment (i.e. arcade, sport activity, etc),
L Health and Fitness Clubs,
j. Health services including doctors and dentist offices without medical
or dental laboratories,
k. Laundry, dry cleaning, and shoe repair services,
1. Libraries,
M. Art/photographic studios,
n. Publishing and printing,
0. Recreational facilities,
p. Other offices and personal services including:
i. Attorney,
ii. Watch and jewelry repair,
iii. Computer programming and data processing,
iv. Employment and Travel agencies,
v. Accounting,
vi. Engineering,
vii. Architectural,
viii. Surveying without outdoor storage of equipment
8. Government:
a. Protective services including:
i. Police,
ii. Fire,
(io)
iii. Rescue squad, -
iv. Volunteer fire departments
b. Government facilities and office buildings
9. Other Uses:
a. Parks,
b. Parking decks serving multiple land uses,
C. Outdoor theaters/amphitheater,
d. Greenways/trails,
e. Community/roof top gardens.
D —DEVELOPMENT LIMITATIONS:
The development of permitted land uses within each of the three development
districts shall be governed by this Section D. Only those land use categories listed
below are permitted for development within a development district. All land use
categories listed in this Section D refer to the specifically enumerated categories
contained within Section C "PERMITTED LAND USES" above.
1. District One (1):
a. A maximum of two (2) free-standing buildings supporting separate,
independent, land uses within the Retail Trade land use category totaling
no more than one hundred sixty thousand (160,000) square feet of
building footprint
b. A maximum of two (2) free-standing buildings supporting multiple land
uses within the following land use categories, totaling no more than
twenty-five thousand (25,000) square feet of building footprint:
i. Agricultural, Forestry and Fishing
ii. Manufacturing, Assembly, and Processing
iii. Retail Trade, and
iv. Services excluding Motels and Hotels,
c. Development of any and all land uses, including accessory structures,
within District One (1) shall be limited to a total of one hundred eighty-five
thousand (185,000) square feet of building footprint.
d. The land uses within the following land use categories shall not be
counted, towards this building footprint limitation:
i. Transportation, Communications, and Utilities, and
ii. Other uses.
Xoi
(61
2. District Two (2):
a. A maximum of twenty-four (24) buildings, totaling no more than four
hundred fifty-five thousand (455,000) square feet of building footprint
either free-standing or connected through a common wall, court yard,
plaza, or parking structure supporting multiple land uses on single or
multiple building floors, including land uses within the following land use
categories:
L Residential Dwelling, Multi-family with a fifty (50) unit
minimum within District Two (2) intended for location over
other permitted uses in multi-tenant buildings,
ii. Manufacturing, Assembly, and Processing,
iii. Retail Trade,
iv. Finance, Insurance, and Real Estate and
v. Services excluding Hotels and Motels.
b . A maximum of Three (3) free-standing buildings supporting Services,
Hotels and Motels land uses, as defined herein, including any and all
ancillary accessory uses including: restaurants and meeting facilities with
a building footprint totaling no more than sixty thousand (60,000) square
feet.
c A maximum of One (1) free-standing building supporting a Service,
Automotive Convenience Store land use (i.e. gas station with convenience
store) as defined herein including an accessory Restaurant use totaling no
more than seven thousand (7,000) square feet of building footprint.
d Development of any and all land uses, including accessory structures,
within District Two (2) shall be limited to a total of five hundred twenty-two
thousand (522,000) square feet of building footprint.
e The land uses within the following land use categories shall not be
counted towards this building footprint limitation:
Transportation, Communications, and Utilities, and
ii. Other uses.
3. District Three (3):
a. A maximum of fourteen (14) buildings, totaling nor more than building five
hundred seventy thousand (570,000) square feet of building footprint,
either free-standing or connected through a common wall, court yard,
plaza, or parking structure supporting multiple land uses on single or
multiple building floors, including land uses within the following land use
categories:
L Manufacturing, Assembly, and Processing,
ii. Retail Trade,
�9
iii. Finance, Insurance, and Real Estate and
iv. Services excluding Hotels and Motels.
b. A maximum of Two (2) free-standing buildings supporting Residential
Dwelling, Multi-family, land uses,
c. A maximum of One (1) free-standing building supporting a Service,
Automotive Convenience Store land use (i.e. gas station with convenience
store) including an accessory Restaurant use totaling six thousand (6,000)
square feet of building footprint.
d. Development of any and all land uses, including accessory structures,
within District Three (3) shall be limited to a total of six hundred six
thousand (606,000) square feet of building footprint.
e. The land uses within the following land use categories shall not be
counted towards this building footprint limitation:
i. Transportation, Communications, and Utilities,
ii. Governmental Uses, and
iii. Other uses.
E — CONVERSION OF DEVELOPMENT SPACE:
Per the Transportation Impact Analysis (TIA) this development will generate a total
of approximately 46,938 daily vehicle trips, with 60,691 weekend trips.
Development within the Project shall be limited to the following square
footages/seats/units to ensure proper traffic flow for the Project calculated in the
TIA:
1. Retail/Town Center (District 11)
2. Retail — Large (District 1)
3. Hotels (District 11 and 111)
4. Theaters (indoors/outdoors)
5. Retail — Large (District 111)
6. Residential (District 11 and 111)
363,000 square feet
186,000 square feet
200 rooms
600 seats
437,000 square feet
200 units
The total developed site will contain a maximum 1.144 million square feet of
building footprint. Within the entire development there will be a maximum of three
(3) hotels, two (2) service/convenience stations and two (2) theater/entertainment
centers.
BRA shall be allowed to convert retail space, as detailed above, into additional
residential units, theater seats, or hotel rooms, or vice versa, so long as:
1. BRA can demonstrate adherence to the following conversion table through
the submission of a site specific development plan:
M
USE
Retail Equivalent
Conversion Factor
(30,000 sq ft)
0067 units sq. ft.
Residential
200 units
retail
.0128 units sq. ft
Theater
385 seats
retail
.0053 units sq/ ft
Hotel
160 rooms
retail
2. That the conversion does not result in an increase of the traffic estimates as
identified herein, and
3. All minimum requirements associated with the development of the Project,
as detailed herein, are adhered to.
Any changes over these limits shall be construed as a 'Major Modification' of the
PD/SUP and shall be processed in accordance with the applicable standards of the
Ordinance.
F — LAND USE INTENSITY:
In addition to all other applicable requirements, the Project shall adhere to a Site
Volume Ratio (SVR) of One (1) as detailed within the Orange County Zoning
Ordinance.
While individual development districts may exceed the SVR of One (1) requirement,
the overall Project shall demonstrate compliance. Each site plan, proposing the
development or re-development ofthe Project, shall contain detailed
informationdemonstrating how the overall Project SVR of One (1) will be achieved
and not exceeded.
G — SOLID WASTE MANAGEMENT:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern solid waste management issues for the
Project:
1. BRA shall enter into a Memorandum of Agreement with the County and the
City of Mebane outlining the proper disposal methodology for solid waste
management. This agreement will outline the necessary interim and long-term
11M
00- 1 WE
solid waste needs of the development and identify the various agencies that
will be responsible for monitoring and enforcing acceptable waste management
practices,
2. BRA shall demonstrate compliance with the Orange County Regulated
Recyclable Materials Ordinance (RRMO) regardless of permitting jurisdiction
(Chapter 34 Article III of the Orange County Code of Ordinances),
3. BRA shall develop a Solid Waste Management Plan for each portion of the
Project for review and approval by Orange County Solid Waste, regardless of
permitting jurisdiction, for the life of the Project.
Specifically, this plan shall address how land clearing, demolition, and
construction wastes will be disposed of and that recyclables and waste
generation rates be considered in planning for waste collection services
regardless of waste or recycling provider,
4. Prior to the commencement of earth disturbing activities on the property, BRA
shall hold a deconstruction assessment meeting with Orange County staff
concerning the removal of existing buildings from the property.
5. All site plans shall contain a note indicating the following:
"Prior to any demolition or construction activity on the site the
applicant will hold a deconstruction assessment conference with
the County's Solid Waste staff concerning buildings to be removed
from this site."
6. BRA shall provide both internal and external space for collection of solid waste
and recyclable materials. Materials collected shall be at least equivalent to the
services provided by Orange County Solid Waste.
7. 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.
8. The following notes shall be placed on all submitted site plan:
a. 'Any gate design will include gate retainers.'
b. 'The user will be responsible for opening gates to the dumpster
area on collection days of any material(s) to be collected from this
location.'
C. 7f any vehicles are parked in the refuse or recyclables collection
vehicle access area, the containers will not receive service until the
next scheduled collection day.'
d. 'Orange County will not be responsible for any pavement damage
that may result from service vehicles.'
e. 'By Orange County Ordinance, clean wood waste, scrap metal and
corrugated cardboard, all present in construction waste, must be
recycled.
12
MP-W�
f 'By Orange County Ordinance, all haulers of construction waste
must be properly licensed.'
9. 'Prior to any demolition or construction activity on the site the
applicant will hold a pre- demolition /pre- construction conference
with the County's Solid Waste staff. This may be the same meeting
held with other development officials' and
h. 'The burning or burial of construction debris, trees, limbs, stumps is
prohibited'
9. In cases where waste collection areas are located across property lines or
district lines for shared areas, BRA shall prepare and record a joint access
agreement (and a shared dumpster agreement) to assure that (both parties
may use) the trash/recycling area and that it can be serviced across property
lines.
10. BRA 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.
11. BRA shall ensure that all phases of the development shall comply with House
Bill 1518 (ABC Recycling) (NCGS 18B) for all portions of the development,
which contain or may contain establishments requiring an ABC License.
12. 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 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.
H — EROSION CONTROL/GRADING:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern erosion control and grading issues for the
Project:
BRA shall cause a formal Erosion Control Plan (ECP) to be prepared and
submitted for review and approval by the County Erosion Control Department
prior to the commencement of any earth disturbing activities,
2. State of the art skimmer basins designed to meet or exceed the requirements
in the North Carolina Erosion and Sediment Control Planning and Design
13
Manual (July 2006) shall be utilized to control sedimentation during
construction.
a. Floating skimmers, such as Faircloth skimmers or equivalent, must
be utilized in each basin.
b. Skimmers must dewater from the surface within 24 to 72 hours,
and the orifice size of the skimmer must be correctly sized to obtain
the appropriate discharge rate.
C. Supporting engineering calculations will be submitted with the
erosion control plan.
3. Compliance with erosion control requirements shall be performance based.
'BRA shall install and maintain devices to adequately maintain sediment on-
site. Additional controls will be required if off-site sedimentation occurs, even if
the site is in compliance with the approved plan,
4. BRA shall collaborate with County staff during the erosion control plan design
process. To encourage this, a minimum of one (1) pre-application meeting with
erosion control staff will be conducted prior to submittal of the ECP, and a pre-
construction conference will be conducted prior to land disturbance activities,
5. BRA shall adhere to the maximum slope grading standards of 3:1 per Orange
County regulations.
In cases where a different slope is required to adhere to other local and State
requirements, most notably NC DOT driveway access requirements, or a flatter
slope is deemed more viable to avoid the wholesale grading of the property or
removal of significant vegetation, BRA has the ability to observe a maximum
slope ratio of 2:1 so long as:
a. BRA can demonstrate on a formally submitted site plan as well as
within the grading plan that the reduction will be compliant with the
County grading and erosion control standards and will not create
unnecessary interior, or off-site, impacts
b. That adherence to the established 3:1 slope standard will require
excessive grading of the property,
C. That adherence to the established 3:1 slope standards will result in
higher velocity stormwater runoff,
6. BRA shall ensure that any grading activity will be conducted in such a manner
that existing vegetation, identified as being located within protected buffer areas,
will be preserved and maintained on the property
7. BRA shall utilize the natural shape of the land with minimal grading to locate
features in a way that minimize impacts on and off the site.
8. BRA shall adhere to NC DOT maximum slope standards for driveways and
access drives of a two percent (2%) minimum to a twelve percent (12%)
maximum slope where it can be demonstrated on a site plan and on the grading
14
(67
plan that slopes exceeding the current Orange County limit of five percent (5%)
are necessary to facilitate safe, pedestrian friendly circulation within the
development and individual districts.
9. BRA shall ensure that all erosion control devices and designs shall adhere to the
Orange County Soil Erosion and Sedimentation Control Ordinance dated
October 23, 2007.
I — STORMWATER MANAGEMENT:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern stormwater issues for the Project:
1. The Project shall comply with the requirements for the EPA — Construction
General Permit (CGP) and the Phase I and 11 of the national Pollutant Discharge
Elimination System (NPDES) program,
2. Riparian areas (stream buffers) shall be maintained in compliance with the
Orange County Stormwater Ordinance for Lands within the Neuse River Basin
(Neuse Rules) adopted March 9, 2001, and as amended October 23, 2007 and
in accordance with all applicable Orange County regulations,
3. Impacts to the Neuse stream buffers on site shall comply with the uses listed in
the Neuse Rules and the Orange County Zoning Ordinance. Examples of listed
uses include utilities, roadways, etc.
If Neuse stream buffer mitigation is required as a result this development,
preference should be given to on-site mitigation such as stream buffer
enhancement and/or restoration.
4. The Project shall comply with the stormwater requirements listed in the Neuse
Rules. This includes:
a. No net increase in peak flow leaving the site from the
predevelopment conditions for the 1-year, 24-hour storm;
predevelopment conditions are those currently existing as of April
9,2008,and
b. Nitrogen load contribution leaving the site must be held to 3.6 lbs
per acre per year.
5. A Master Stormwater Management Plan (hereafter 'SMP') shall be developed to
address stormwater runoff for the entire development even though individual
parcels may be responsible for installing stormwater best management practices
(BMPs).
6. Innovative stormwater BMPs and practices shall be utilized that meet or exceed
the requirements of the current version of the North Carolina Division of Water
Quality Stormwater Best Management Practices Manual (July 2007).
15
7. The Project shall utilize on-site stormwater best management practices (BMPs)
to meet these requirements to the extent practical. Using offset payments only in
lieu of stormwater BMP's will not be accepted.
8. The Project shall install stormwater BMP's to remove enough nitrogen to bring
the development down to 3.6 lbs/ac/yr export OR do a combination of BMP's and
offset payment to achieve a 3.6 lbs/ac/year export. A combination of stormwater
BMP's and offset payment will be allowed under the following conditions:
a. Onsite stormwater BMPs are designed so that the computed
nitrogen loading is below 7.0 lbs/ac/year that is more restrictive that
the Neuse Rules currently require.
b. The offset fee to bring the remaining loading rate to the 3.6
lbs/ac/year is used in Orange County.
9. BRA shall collaborate with County staff during the SMP design process. To
encourage this, a minimum of three meetings with stormwater staff will bib
conducted prior to submittal of the SMP.
J — ENVIRONMENTAL AND WATER QUALITY:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern environmental and water quality issues
for the Project:
1. No buildings, hardscape, roads or parking areas developed within the Project
shall be located within:
a. Previously undeveloped land whose elevation is lower than 5 feet
above the elevation of the 100- year flood as defined by FEMA
(Federal Emergency Management Agency),
b. Land that is specifically identified as habitat for any species on
Federal or State threatened or endangered lists,
C. Within one hundred (100) feet of any contiguous wetlands, as
defined by United States Code of Federal Regulations 40 CFR,
Parts 230-233 and Part 22, and isolated wetlands or areas of
special concern identified by state or local rule, OR within setback
distances from wetlands prescribed in state or local regulations
unless otherwise mitigated in accordance with US Army Corps
guidelines/standards,
d. Previously undeveloped land that is within fifty (50) feet of a water
body, defined as seas, lakes, rivers, streams and tributaries which
support or could support fish, recreation or industrial use,
consistent with the terminology of the Clean Water Act, and
e. Any and all other areas defined by local, State, or Federal
regulations that are identified as protected.
1101
2. BRA is prohibited from using potable, municipal water, for irrigation purposes.
As a result, BRA shall utilize:
a. Captured rainwater, or
b. Water treated and conveyed by a public agency specifically for
non-potable uses for irrigation of landscaped area within the
development, or
d. The use of individual wells for irrigation and/or other non-potable
purposes shall be allowed subject to the review and approval of
local and State agencies, including NC DENR.
3. BRA shall only install landscaping that does not require permanent irrigation
systems and are considered to be drought tolerant, regionally native,
vegetation in accordance with County regulations,
4. Through lease agreements, covenants, and other similar deed restrictions the
developer shall require that all tenants install and utilize low flow water
fixtures (i.e. toilets, sinks, shower heads, etc.) as part of the development as
outlined under the appropriate LEED standard(s) as agreed to by BRA.
5. Smoking shall either be prohibited, or only permitted within designated
smoking areas, within structures developed within the Project. If smoking
areas are designated within a building, they shall be so located to effectively
contain, capture, and remove ETS from the building,
6. Any external smoking area shall be* a minimum of fifty (50) feet away from
entries, outdoor air intakes and operable windows.
K — ARCHITECTURAL AND SITE DESIGN:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern architectural design and site design of the
Project:
1. Building and site design within the Project shall adhere to the various LEED
certification standards as detailed herein,
2. BRA shall create an Architectural Review Board prior to the submission of
any site plan commencing the development of any land use within the
Project.
The purpose of this review board is to oversee, comment, and guide the
design of any and all buildings, signage, additional landscaping, lighting, and
other similar submittals to ensure compliance with all applicable standards as
referenced herein.
Membership on the board shall include, at a minimum:
a. BRA representative(s),
17
b. A NC registered architect,
C. A NC landscape architect,
d. A NC civil engineer,
e. Other building and design professionals as appropriate.
Once a submittal is deemed to be satisfactory, the ARB board shall issue a
Letter of Compliance to the County indicating that the ARB board has found
that, in its opinion, the Project is consistent with the ' various guidelines,
standards, and regulations governing development within the Project.
No development application will be accepted by Orange County without this
Letter of Compliance.
3. The following exterior finishes and/or siding materials shall be allowed
throughout the Project:
a. Cement/concrete siding, such as Hardi-plank or equal material,
shall be used to simulate wood and wood trusses where a rustic
look is desired,
b. Brick and/or stucco,
C. Concrete in pre-cast or cast-in-place (CIP) applications shall be
allowed. Where such material is utilized, large expanses will be
broken-up and modulated with architectural variations like scoring,
reveals, ornamental embellishments, etc.
d. Dry-stack and/or ashlar stone may be used as an identifying
characteristic,
e. Concrete masonry units (CMU's). For the Project, CMOs shall be:
1. Standard block, painted for service areas out of
public View, rears of parapets, etc OR
2. Split-face CMUs and/or ground face
f. All storefronts and glass walls shall utilize glazing. Reflective
and/or mirrored glass is prohibited.
4. All buildings shall be designed to incorporate and/or accommodate passive
and active alternative energy systems per LEED Standards,
5. Streetscapes, for connected or individual buildings connected via a court yard
or plaza, shall utilize similar design elements and compositions to ensure
uniformity,
6. With respect to roof lines and design, the following standards shall apply:
a. Roof designs that serve to enhance the capture of natural light
shall be encouraged,
M.
b. All rooftop HVAC equipment, elevator overrides, and other similar
devises will either be:
1. Clad in exterior materials that are not reflective or
illuminated and are stealth-like in their appearance
,OR
2. Are designed as an architectural feature, OR
3. Screened through some vegetative buffer or
fencing.
7. Solar panels shall be allowed to be installed along roof tops, including raised
panels to allow for tracking of the suns rays, so long as the panels do not
create sufficient glare to create a public safety hazard, and
The installation of these devises shall be reviewed and approved by the
Orange County Planning Department on a case-by-case basis.
8. Slopped standing seam metal roofs ' shall be permitted to long as they are
designed to blend in with the architecture of the building and the district,
9. Flat roofs comprised of TCP, EPDM, rubber single-ply membrane and other
similar products shall be permitted to long as the BRA, or any individual
applicant submitting a site plan proposing development, demonstrates that
the roof shall be hidden or shielded from the public's street view through the
use of parapets, railings, or balusters.
10. 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,
11. Maximum slopes shall be maintained across all parking and pedestrian
spaces to guarantee compliance with the Americans with Disabilities Act
(ADA),
12. Any required deviation to address NC DOT drive slope requirements shall be
limited to occur along access drives and/or between individual districts to
avoid internal District slope conflict creating accessibility issues,
13. Principal entrances shall have a front fagade serving as the primary means of
public ingress and egress that faces either a public space/court yard or a
street,
14. Parks, green plazas, squares, court yards, etc shall have a minimum area of
at least one —tenth (1/10) of an acre,. These areas shall be located, at a
maximum, within, one-sixth (1/6) of a mile of at least seventy-five percent
(75%) of any and all dwelling units and/or business entrances,
15. Setbacks for this development shall in accordance with all applicable County
standards in addition to the following:
19
Setback from
Internal Property
Line
Freestanding
building/structure
In-line building
Signs, Storage,
Vehicular use
areas,
Front
10 feet
1 foot
Zero
Side
10 feet
Zero
Zero
F-Rear
10 feet
I foot
Zero
When a land use is adjacent to common owned property such as a private
street, alley, and parking area and BRA can demonstrate on a site specific
development plan that such setbacks shall not create a public safety hazard.
If staff cannot make such determination, then the appropriate setbacks as
detailed within County Ordinances shall be used.
When the use is not a freestanding structure, then the applicable setbacks as
detailed within County Ordinances shall be used.
In addition to the aforementioned setback requirements, all buildings
developed on the southern portion of the Project shall observe a one hundred
(100) foot setback from established property lines along West Ten Road.
L — ARCHITECTURAL AND SITE DESIGN — SIGNS:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern the erection and use of signs for the
Project.
1. Signs shall be of a size, font and color in conjunction with the Project's
approved concept master plan.
2. Copyright logos shall be permitted only within a box style fashion on an
approved sign: IE: American Express, State Farm Insurance, etc.
3. Specific sign regulations for specific land uses are as follows:
a. Freestanding Property Development Sign: Providing the name of the
Project. This sign shall be erected on an architectural design feature
approved as part of the site plan review process. For purposes of this
subsection, "architectural design feature" shall mean a sign that is four
sided, is made of construction materials of the same* type* used on the
facades of the buildings within the Project, and includes a roof. No
freestanding or pole mounted signs shall be permitted for the Project.
Maximum Number: One (1),
Maximum Height: Fifty (50) for the structure,
Forty (40) foot for the top of the sign
Nei
(JD
Maximum Size: Eight hundred (800) cumulative square
foot allotment for the structure, with a
limit of four hundred (400) square feet of
signage on either side of the
architectural design feature.
Style of Sign: Internally illuminated cabinet style signs
shall be prohibited. Sign type shall be
either raised or blocked lettering.
Internally illuminated, individual letters,
are acceptable.
Setback from property line: Forty (40) feet
Example:
NOTE,
Illustrative
purposes
only — no pole
mounted
signs shall be
permitted
b. Entry Portal Marker — providing the name of the development and
identifying the names of major tenants. These signs are primarily intended
for location at the main entrances to the Project.
Maximum Number: Eight (8) signs,
Maximum Height: Eight (8) feet,
Maximum Size: Three hundred (300) square feet each.
Style of Sign: Internally illuminated cabinet style signs
shall be prohibited. Entry portal markers
shall be either raised/blocked lettering
21
or a wall style sign that is externally
illuminated.
Sign Allocation: For Entry Portal Markers, the name of
the Project shall occupy at least sixty
percent (60%) of the sign area. Larger
tenants are required to have a minimum
of fifty thousand (50,000) square feet of
floor area to qualify for signage on the
Entry Portal Marker.
Setback from right-of-way: Ten (10) feet
Setback from private road: Five (5) feet
Example:
c. Major Tenant Identification - providing the name of the tenant that will
be wall or building mounted. These signs are reserved for tenants
occupying freestanding buildings or who are part of a multi-tenant, single-
story, freestanding building.
Maximum Number: One (1) wall or building mounted sign
per fagade or per individual rental
space,
Maximum Height: The sign cannot extend above the
building/parapet height,
Maximum Size: Two (2) square feet of signage for every
one (1) square foot of frontage not to
exceed three hundred (300) feet. In
cases where a building contains multiple
tenants, wall signs shall be allowed as
follows: thirty-two (32) square feet of
sign are per tenant not to exceed three
22
hundred (300) square feet per building.
Sign must fit above tenant space and
can only occupy two-thirds (2/3) of the
building fagade
Style of Sign: No internally illuminated cabinet style
signs shall be permitted within the
development. Tenants are allowed to
install a sign with individual letters that
can be internally illuminated
Setback from right-of-way: Not Applicable
Setback from private road: Not Applicable
Example:
d. Minor Tenant Identification - providing the name of the tenant that will
be wall or building mounted. These signs are reserved for tenants
occupying retail spaces along streetscapes where sidewalks are provided
to facility public access. These signs are reserved for retail
tenants/owners occupying less than ten thousand (10,000) square feet of
gross floor space along internal streetscapes and public access roads.
Maximum Number: One (1) wall or building mounted sign
per fagade or individual rental space,
Maximum Height: The sign cannot extend above the
building/parapet height,
Maximum Size: Twenty-four (24) square feet.
Style of Sign: No internally illuminated cabinet style
signs shall be permitted within the
development. Tenants are allowed to
install a sign with individual letters that
can be internally illuminated
23
Example:
ENO
e. Entertainment Center/Theater — providing the name of the tenant and
other essential information concerning activities within the structure (i.e.
movies) including a marquee, as a permanent canopy projecting over an
entrance to a building.
Maximum Number: One (1) marquee sign per theater,
One (1) poster box sign case for each
individual screen within the theater with
two (2) additional signs allowed
supplying general information
concerning the operation of the facility
Maximum Height: The marquee sign shall not extend more
than ten (10) feet from the
build ing/parapet height and shall not be
less than twelve (12) feet above the
ground/sidewalk at its lowest point.
Poster box signs shall be erected on the
front fagade of the building at a height
not to exceed ten (10) feet from
ground/sidewalk grade.
Maximum Size: Four hundred (400) square feet for the
marquee sign
All poster box signs shall be a maximum
of fifty-six (56) inches in height by forty
(40) inches in width.
Style of Sign: The marquee shall front on interior
drives and streets, not on streets
external to the development, but may be
visible from those locations or from the
interstate.
24
Example:
(7D
All poster box signs shall front on
interior drives and streets only.
f. Projecting Signs: In cases where projecting signs are utilized, the sign
shall be mounted a minimum of fifteen (15) feet above the
sidewalk/pedestrian area. Projecting signs includes the following:
1. Awnings,
2. Bracket signs (depicted)
Setback back from right-of-way: Not Applicable
Setback from private road: Not Applicable
Example:
25
EF-�.don-0—M
MAI
g. Directional Monuments Location Maps, Carpool Lot Signs— providing
tenant location information to motorists and pedestrians along streets to
manage traffic flow throughout the Project.
Maximum Number: As determined by staff(s) during site
plan(s) review,
Maximum Height: Twelve (12) feet,
Maximum Size: One hundred (100) square feet each,
Setback from right-of-way Three (3) feet (all classifications of right-
of-way) breakaway construction.
Example:
h. Secondary Directional Signage— providing essential information, to
motorists and pedestrians with respect to services offered by the tenants
(i.e. pick-up/drop-off areas, loading zones, do not enter, etc.). Secondary
Directional Signage can contain advertising material, such as a logo or
name of the tenant.
Maximum Number:
Maximum Height:
Maximum Size:
Setback from right-of-way
Example:
26
As determined by staff(s) during site
plan(s) review,
As determined by staff(s) during site
plan(s) review,
Sixteen (16) square feet
Ten (10) feet (all classifications of right-
of-way)
0
L Window Signs Menu Signs and Individual Information Signs- A sign
erected on the interior side of a window of a place of business advertising
any service, product, special, or ' sale conducted within the business where
it is located. Window Sign's can also include the stenciling of the name of
a non-residential establishment and may include hours of operation,
phone numbers, and other pertinent information associated with the non-
residential land use.
Window Signs shall be limited to occupying a maximum of thirty (30)
percent of the total window area where the sign is to be erected. This
includes signs advertising specials within the business, signs advertising
sales, and signs advertising the name and other pertinent business
information associated with the principal use that may be etched,
attached, or otherwise made a permanent part of a pane of glass.
Example:
j. Drive-thru.
Maximum Number:
Maximum Height:
Maximum Size:
Setback from right-of-way
27 ,
One (1) per use identified on a
submitted site plan,
Six (6) feet in height,
Twenty-four (24) square feet
Ten (10) feet (all classifications of right-
of-way)
No external illumination shall be allowed
for such signs.
Example:
AMR
MIA
M — TRAFFIC IMPROVEMENTS — EXTERNAL:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern external transportation improvements for
the Project:
External roadway improvements shall be constructed in accordance with a
phased construction/development plan in accordance with:
a. NC DOT requirements and guidelines,
b. The approved Project concept master plan,
c. Individual TIA plans produced and submitted for review and
approval as part of the site plan review and approval process as
detailed within Section B of this document, and
d. The standards outlined herein.
As previously indicated, BRA shall post a.bond and/or Letter(s) of Credit for
all required external roadway improvements for the entire Project, as
detailed within the Master TIA document, prior to the issuance of a
Building/Zoning Compliance Permit authorizing any and all development
within the Project as detailed within Condition Three (3),
2. Required roadway improvements shall be accommodated within existing
road rights-of-way.
If additional right-of-way is required, BRA shall secure the necessary land
via purchase agreements with affected property owners in, accordance with
NC DOT right-of-way acquisition process,
3. The roadway expansion of the existing bridge over Interstate 85 to
accommodate five (5) lanes of traffic, as detailed within the TIA, shall be
designed to accommodate bicycle lanes and pedestrian sidewalks running
both north and south,
4. Buckhom Road shall be widened to accommodate four (4) lanes of traffic,
shall be designed to accommodate bicycle lanes and pedestrian sidewalks
running both north and south to the intersection of West Ten Road,
5. The developer shall widen Buckhorn Road along the southbound lane, from
the intersection of West Ten Road, to create a merge lane for all
southbound traffic as required by the approved TIA,
6. A bicycle lane shall be provided along the eastern portion of West Ten
Road running along property line of the development within the road right-
of-way,
7. All street signals shall be erected utilizing metal poles,
W
6-3�1D
8. The County, the City of Mebane, and NC DOT shall approve all metal utility
poles allowing for the erection of street signals, both internal and external,
prior to installation,
9. The developer shall identify and develop segregated entrances and exists
for pedestrian and construction vehicular traffic during the development of
the Project to avoid conflict. These entrances shall be reviewed and
approved by the Orange County Planning Department prior to the
commencement of earth disturbing activities,
10. The developer shall install sidewalks along the perimeter of the property
allowing for additional pedestrian access to the site.
The perpetual maintenance and upkeep of these sidewalks shall be in
accordance with Section A ofthese special terms and conditions.
11. The two (2) additional left and right turn entrances/exits for Buckhorn Road
shall be installed but shall not be opened until construction begins on
improvements within District Two or Three as required by the approved TIA,
12. Two (2) mass transit stops shall be constructed and installed along
Buckhorn Road concurrent with road improvements to Buckhorn Road as
detailed on the approved concept master plan,
13. A transit shelter shall be constructed and installed at each of the two (2)
transit stops external to the development. Internal lighting of these transit
shelters shall be provided by utilizing solar collectors, or any other
acceptable form of renewable power source as approved by the County, .
14. . All traffic directional signage shall be installed at this time as well including,
but not limited to:
a. Stop signs,
b. Yield signs,
c. Bus parking and unloading informational signs,
d. Lane ends, Merge signs,
e. Caution Pedestrian Traffic — Yield Signs,
f. Traffic safety signs designed to direct construction traffic throughout
the site,
g. Traffic warning signs indicating the location of private driveways and
forbidding public access to the various properties,
h . Through traffic signs,
i. Any and all signs required by NC DOT for the Project
al
N — TRAFFIC IMPROVEMENTS — INTERNAL:
In addition to any and all applicable local or State requirements, the following
specific standards shall govern internal transportation improvements for the
Project:
1 All internal traffic improvements shall be completed in accordance with all
Traffic Improvement Plans, submitted as part of staff's review of site specific
development plans as detailed within Section B of this document,
2. All streets and sidewalks shall be designated as available for general public
use through an easement(s) agreement recorded prior to the
commencement of earth disturbing activities. All easement agreements, and
agreements outlining the bonding and perpetual upkeep and maintenance of
these roadways and sidewalks, shall be reviewed and approved in
accordance with Section A of this document,
3. In implementing the internal circulation traffic pattern, the following street
shall be designed to accommodate the following maximum speed limits:
a. Alleys affording access to residential land uses and to the rear of
various buildings for service delivery: Ten (10) Miles and Hour,
b. Streets serving the interior portions of District 11: Ten (10) Miles
and Hour,
C. Streets serving as service roads to allow for the free flow of traffic
between the various districts as well as Buckhorn and West Ten
Roads: Twenty-two (22) Miles and hour.
4. Crosswalks shall be painted, or otherwise delineated, within the roadways to
signify pedestrian crossing points, .
5. Crosswalk signals shall be installed, where stoplights are located, providing
assistance to deaf and visually impaired individuals announcing when it is
safe to cross thoroughfares,
6. Entrances to parking areas for individual uses, whether it is a single,
independent, land use or a multi-tenant building, shall be designed to
channel traffic through central points off of interior thoroughfares in an effort
to avoid unnecessary vehicular and/or pedestrian interaction,
7. In cases where a corner lot is created within the development, parking shall
not be located directly adjacent to the corner facing the intersection.
Instead, the developer shall install landscaping, and/or a prominent building
feature, within this area,
8. Any land use requiring or utilizing drop-off zones/areas shall be provided
near building entrances and segregated from required parking spaces and/or
vehicular travel lanes,
9. Parking areas shall be separated from structures by:
31
W--s
a. A raised concrete walkway,
b. A landscaped buffer/natural area, or
c. A segregated pedestrian walkway.
In no case will parking be allowed to directly abut a structure, unless it is a
parking deck.
10. Parking areas shall be designed so that pedestrians walk parallel to moving
cars in order to minimize the need for pedestrians to cross parking aisles
and landscape areas
11. In addition to all other applicable standards, all exterior lighting, including
traffic signals and street lighting shall conform to ASHRAE / IESNA Standard
90.1-2004, Exterior Lighting Section, without addenda, for Zone LZ3 —
Medium (Commercial/industrial, High-Density Residential)
12. Four (4) mass transit stops shall be provided within the Project as detailed
on the approved concept master plan,
13. A transit shelter shall be constructed and installed at each the four (4) transit
stops internal to the development. Internal lighting of these transit shelters
shall be provided by utilizing solar collectors, or any other acceptable form of
renewable power source as approved by the County,
14. Street front parking shall be provided in accordance with the following
standards:
a. In cases where angled parking is utilized, the parking space shall
not exceed a angle of ninety (90) degrees in order to facility ease in
backing out of spaces
b. In instances where angled parking/street front parking is utilized,
the developer shall only allow for a one-way traffic flow pattern to
be utilized in order to guarantee motorists and pedestrian safety or
shall angle the parking in such a manner that there will be no
conflict
c. In cases where angled parking is utilized the required parking stall
dimensions shall be: Nine (9) feet by Eighteen (18) feet
15. Curb stops shall be required in all parking lots in cases where there is no
island, landscape area, or sidewalk to provide a traffic break
16. Drive isles for parking areas shall meet the following minimum width
requirements:
a. One-way traffic: Minimum of twelve (12) feet of travel/drive isle,
b. Two-way traffic: Minimum of twenty-four (24) feet of travel/drive isle
17. Each building or groups of buildings requiring individual building permits
shall provide bicycle parking spaces or storage for at least one (1) percent
of the parking space capacity,
32
18. Parking areas within the Project may be designated as park and ride lots.
19. The use of parking lot(s) spaces to support car pooling activities for
employees and/or visitors to the property shall be encouraged by appropriate
parking lot designation,
20. The developer shall construct four (4) bus pullouts and transit shelters at
locations indicated for transit stops on the submitted Transportation and
Pedestrian Plan.
21. Bicycle lanes shall be constructed on both sides of internal roads where
bicycle lanes are indicated on the submitted Transportation and Pedestrian
Plan. Bicycle lanes shall be provided along the major access road through
the development to adjacent property in the Economic Development District
all the way to the eastern property boundary.
22. Outside lanes shall be provided, twelve feet (12') in width to accommodate
bicycle traffic on minor/drives internal roads where bicycle lanes are not
provided.
23. Sidewalks shall be constructed on both sides of all internal roads. Sidewalks
shall be provided along both sides of the major access road through the
development to adjacent property in the Economic Development District all
the way to the eastern property boundary.
24. Crosswalks shall be provided at all intersections within the development.
Crosswalk improvements may include painting, pavement changes, curb
extensions that narrow the crossing distance, or other measures that may be
warranted to improve pedestrian safety including crosswalk signals that
provide assistance to deaf and visually impaired individuals announcing
when it is safe to cross at intersections on the major access road.
25. All lease agreement, or individual sales documents, for future tenants shall
include provisions requiring all tenants/property. owner to adhere to the
standards contained herein
26. In addition to all other applicable standards, parking for individual land uses
shall adhere to the following:
a. One (1) space for every three hundred (300) square feet of floor space
within a Retail Trade (excluding Restaurants), Service (excluding
Indoor/Outdoor Theaters), Manufacturing, Assembly, and
Processing, and Finance, Insurance, and Real Estate land use,
b. One (1) parking space for each Residential Dwelling, Multi-family
unit,
c. One (1) parking space for every three (3) seats in a Indoor and/or
Outdoor Theater,
d. One (1) parking space for shift employee — within a Retail Trade,
Restaurant facility as well as one (1) parking space for every four (4)
seats within the facility,
33
e. One (1) parking space for every three hundred (300) of floor area
within a Government facility.
f. One (1) space per every room in a hotel plus one (1) per shift
employee
g. All parking lot spaces, unless other wise designated, shall be: Nine (9)
feet by Eighteen (18) feet.
27. Required parking spaces may be reduced by no less than thirty percent
(30%) within a given District or other development area in accordance with
the following:
a. The spaces allotted for each individual use shall be shown on the
application for a Zoning Compliance Permit,
b. The distance from the farthest allotted space to the main entrance of a
structure housing the use that it is intended to serve not to be more
than four hundred (400) feet,
c. The spaces shall be located within the same District or within four
hundred (400) feet of the use to qualify for a reduction on the required
parking,
d. Twenty percent (20%) may be compact car parking with a dimension
of seven and a half (7'/2) feet in width and sixteen (16) feet in depth.
28. All required parking spaces shall be improved with asphalt, concrete or
other similar material as originally installed and approved by the County,
29. Handicapped parking shall be provided in accordance with the standards of
the State of North Carolina Building Code.
30. Off-street loading (loading berths) shall be provided in accordance with the
following standards:
a. One (1) space for each five thousand (5,000) square feet of floor area
not to exceed three (3) berths,
b. A loading berth shall adhere to the following dimensional
requirements:
i. A minimum width of twelve (12) feet,
ii. A minimum depth of sixty (60) feet, and
iii. A vertical clearance of sixteen (16) feet above finished grade
of the space.
0 — INTERNAL LANDSCAPING:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern landscaping issues for the Project:
34
1 All required internal landscaping shall be installed, or bonded, and
maintained by BRA in perpetuity in accordance with the standards identified
herein,
2. As detailed within Section B of this document, BRA shall, submit a
comprehensive, detailed, landscaping plan to the Orange County Planning
Department prior to any internal or external earth disturbing activity or road
work for review and approval by members of the staff as well as the
following Planning partners, including:
a. Cooperative Extension (staff arborist),
b. NC DOT if encroachments are needed,
c. Local utility companies (i.e. power, cable, phone, etc)
3. All internal landscaping, associated with the development of an individual
land use within the Project, shall be installed or bonded prior to the issuance
of a Certificate of Occupancy allowing for the occupancy of any building
within the development site,
4. All landscaping, excluding grassed/sodded areas, shall be comprised
primarily of drought tolerant, regionally native, vegetation. Landscaping shall
be watered in accordance with the standards contained herein,
5. Limits of disturbance shall be in accordance with the approved Master
Erosion Control and Grading Plan as approved by the County prior to any
earth disturbing activity.
6. Required parking lot landscaping shall be required to demonstrate with the
following additional requirements:
a. Parking lot shade trees shall be provided at a ratio of one (1) three
inch (3") minimum caliper tree for every ten (1) parking spaces.
The applicant/BRA is required to demonstrate that ninety percent
(90%) of the parking spaces are within fifty (50) feet of the center of
a shade tree as shown in the following diagram:
35
U301
qvk'
tl 1A
Y H.
b. The minimum tree planting area shall be nine (9) feet by eighteen
(18) feet except where tree grates are provided. In these cases,
the minimum plating area shall be sixty-four (64) square feet in
area by two (2) feet in depth,
36
o ro !7h rrv!.,_n n1 11
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v vo
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b. The minimum tree planting area shall be nine (9) feet by eighteen
(18) feet except where tree grates are provided. In these cases,
the minimum plating area shall be sixty-four (64) square feet in
area by two (2) feet in depth,
36
C. Where parking lots and drives abut interior property lines, the ten
(10) foot required landscape area may be split among the two (2)
adjoining property owners.
7. Screening of parking areas along the perimeter boundary of the Project
shall maintain a minimum tree spacing of sixty (60) feet and provide the
required thirty-six inch (36") screening, required to be a minimum of twenty-
four inches (24") at initial planting, adjacent to parking spaces.
8. Landscaping along a buildings perimeter shall be in accordance with the
following standards as shown in the following diagram:
--------- -
'U. 49 e; a
I I J! C (TA. Al M.
,
If 9( Of qkT.4dir!
Minimum
ShIll
b 96 X11,miut,'�,iii)PA Aruva 48 1077
SIIIII;.}; Man
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fulfill reqdoxw"Vu,
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SIIIII;.}; Man
.117 nrN It"I.-ty hL!, ILtiv4 'IfIT
fulfill reqdoxw"Vu,
37
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a. Thirty percent (30%) of a buildings perimeter shall be landscaped
while maintaining the necessary sidewalk area
b. These areas may consist of lawn/planters or shrub areas so long
as the shrub areas, that have to be twenty-four inches (24")
minimum in width, comprise a minimum of fifty percent (50%) of the
total linear dimension along the building's perimeter
With respect to internal street landscaping, there shall be one (1) tree at a
three inch (3") caliper provided every sixty (60) feet as shown on the diagram
below:
PaT,kiqj; '&-' -SoiL�llo.
01 Ij
. Ir"b
Orid-OK OT [1�111'aen
All ground level HVAC, mechanical equipment cabinets, etc. shall
screened from view through the use of landscaping, walls, and or fencing,
M
M
11. All solid waste containers, dumpsters, recycling bins, etc. shall be enclosed
within a screened area with shrubs or plats plated along the base. In cases
where the enclosure is connected to a building, then planting shall not be
required but the diumpster shall still be enclosed.
P — OPEN SPACE MANAGEMENT — PERIMITER LANDSCAPING:
In order to address off-site impacts of the Project, the following minimum open
space management requirements shall be met.
In addition to any and all applicable local or State requirements, the following
minimum standards shall govern open space management/perimeter landscape
management for the Project:
1 If required by the utility provider, public utilities shall be allowed to penetrate
identified buffers to the extent necessary to allow for their installation as
well as affording perpetual access to allow for maintenance and servicing,
2. Utility or roadway stubouts shall be allowed to penetrate identified buffers if
required by the utility provider, the City of Mebane or any other
governmental agency,
3. BRA shall complete the required Perimeter Buffer — Open Space
Management Plan, as detailed within Section B of this document, and
identify any and all significant specimen trees on the property. These trees
shall be protected to the highest degree possible as determined
Management Plan.
4. All perimeter buffers shall remain in a natural, undisturbed state
In cases where BRA proposes the removal of existing vegetation to
establish a more uniform landscaped area for the Project, the following
standards shall apply:
a. Fifty (50) percent of natural/existing vegetation may be disturbed
and re-planted with specified vegetation in stages as approved
during the site plan review process as detailed within Condition B of
this document.
b. At least twenty-five (25) percent of the replanted areas shall consist
of evergreen trees that shall reach a height of thirty (30) feet at
maturity.
c. Replanting of disturbed buffer areas shall occur in stages to avoid
the clear cutting of the perimeter buffer for the Project to ensure
that at no time will more than ten (10) percent of any of the required
perimeter buffer(s) be disturbed unless replanting of trees occurs
and the disturbed buffer is re-established,
d. In instances where existing vegetation is disturbed and replanted,
in accordance with the provisions detailed herein, BRA shall submit
39
5.
detailed landscaping plans indicating how the buffer shall be
reestablished to the appropriate landscape standard(s) as detailed
herein
The following specific Open Space management standards shall be
observed for the Project:
a. The southeastern and eastern portion of the Project shall abide by
the following Open Space requirements:
1. There shall be a one hundred fifty (150) foot buffer along the
perimeter of the Property directly adjacent to the Clearview
single-family residential subdivision that is located along West
Ten Road subject to the following specifications:
a. This buffer shall remain in a natural, undisturbed state
unless minimal grading 'work is required to adhere to a
development/design standard for the Project and/or to
accommodate the installation of utility lines.
b. In instances where it is determined that minimal grading
is necessary for the aforementioned purposes, BRA shall
be allowed to remove up to twenty-five (25) feet of buffer
area along the Project side to complete all necessary
work and replant where possible.
c. The buffer shall be. re-established in accordance with the
provisions of the Zoning Ordinance, specifically to a Type
A buffer standard.
d. Maintenance and tree removal to promote health to the
buffer is allowed, as well as, re-establishing the buffer
over time with more environmentally desirable
vegetation.
Please refer to Attachment A, number Five (5) for a graphic
representation of the buffer.
b. There shall be a twenty-five (25) foot buffer along the eastern
property line ' of the Property. Any and all replanting of material
shall be completed in accordance with the Type B buffer standards
as detailed within the Ordinance.
Please refer to Attachment A, number Four (4) for a graphic
representation of the buffer.
c. The northern portion of the Project, running parallel with Interstate
85, shall abide by the following Open Space requirements:
1. There shall be a one hundred (100) foot undisturbed, natural
buffer along the northern property line running parallel with
Interstate 85 or as approved herein.,
40
(ff)
2. Existing trees and vegetation may be thinned as follows: no less
than fifty-four (54) trees an acre, existing trees and vegetation
to create limited visibility within this buffer in approximately fifty
(50) percent of the required Open Space, in accordance with
the Orange County regulations and the following standards:
a. These areas shall in part be utilized to develop
stormwater retention ponds. Low level and/or aquatic
vegetation is required in this area. There shall be no
permanent structures erected within this area unless to
support a public service. Fountains, berms are
permitted.
b. Disturbed areas will be replaced with indigenous, drought
resistant vegetation including ground cover and 25%
other material that will achieve a height of six (6) feet
within five (5) years.
Please refer to Attachment A, number(s) One (1), Two (2), Three
(3) and Ten (10) for a graphic representation of the buffer.
d. The western portion of the Project, running parallel with Buckhorn
Road, shall abide by the following Open Space requirements:
1. There shall be a twenty-five (25) Open Space/buffer area along
the western property line planted in accordance with the Type B
buffer standard,
2. With respect to buffering around external residential land uses
along Buckhorn Road, the following standards shall apply:
a. BRA shall preserve a twenty-five (25) foot natural buffer
along the common property line of the Project and these
properties,
b. The developer shall install earthen berms, three (3) to
four (4) feet in height, and add additional landscaping
around these properties to create a total buffer area of
fifty (50) feet,
c. This additional twenty-five (25) foot buffer area shall
adhere to the planting requirements for the Type B buffer
standard along the Project side.
Please refer to Attachment A, number(s) Eight (8) and Nine (9) for
a graphic representation of the buffer.
e. The southern portion of the Project, running parallel with West Ten
Road, shall abide by the following Open Space requirements:
1. There shall be a seventy-five (75) foot wide Open Space
corridor area along the southern property line. 50% of this
41
buffer, either linear or sectioned, may be removed and replaced
in accordance with Type E buffers.
2. Additionally, there shall be a one hundred (100) foot building
setback for all structures along the southern property line as
detailed herein,
3. Existing vegetation shall be thinned to allow for visual breaks
from the roadway,
4. Additional vegetation will be installed consistent with internal
and external landscaping standards.
Please refer to Attachment A, number(s) Six (6) and Seven (7) for
a graphic representation of the buffer.
6. At a minimum, thirty thousand (30,000) square feet of land shall be
dedicated for use/development as private recreational area to support the
residential land uses.
7. Under no circumstances may fencing be erected along external or internal
property lines that would restrict pedestrian access to and within the
development or otherwise impede the walkability of the Project.
UTILITIES:
District 1:
The initial needs of the large single retailer are available in the existing
infrastructure in Buckhorn Road.. District I will be extension of the twelve
inch (12") waterline into the property along the main entry street providing
ingress/egress into to District I.
At current capacities and pressures of the existing City of Mebane
infrastructure domestic and fire flow service shall be available.
A private booster pump shall be installed if determined by the City of
Mebane and Orange County that it is necessary to provide adequate
water pressure to tenants to address fire safety issues.
District 11 and/or III:
The build-out of the other two (2) Districts, regardless of which District is
developed first, will require the extension of an additional water lines
either from the north side of 140/85 or from the west along Bowman Road
and West Ten Road.
As part of the Project, the developer shall submit a detailed Utility Master
Plan for review and approval to the City of Mebane and Orange County
42
95
outlining the appropriate steps that will be taken to provide water service
to the remaining Districts prior to the recording of the Class A SUP
documents.
SEWER:
Sewer Collection will be supplied to the Project in a phased format consistent
with the District phasing outlined herein.
The following sewer improvements have been preliminary identified as being
necessary to support the Project:
District 1:
District I will be served with a temporary private pump station and force
main. The private line will discharge into the existing gravity sewer on the
west side of Buckhom Road.
District 11
Development of District 11 will require the extension of the ten inch (10")
gravity line from the Gravely Hill pump station to the east side of the
property.
Sewer easements shall be obtained and this will be a public line.
Upgrade to the current GE pump station, north of 1 40/85 and off of
Industrial Drive, will most likely be required to accept this additional flow.
District III
Development of District III will require the extension of a force main from
the intersection of West Ten .and Buckhorn Road to the new Regional
Pump Station, and require an upgrade to the Gravely Hill Station.
Additional improvements to serve the Project may be required upon the
submission and review of comprehensive utility management plans by
Orange County and the City of Mebane.
Utilities shall be designed in accordance with City of Mebane Standards.
Any and all bonding of internal and external utility improvements shall be in
accordance with Section A of this document.
R — SPECIFIC DEVELOPMENT GUIDELINES — PROVISION OF AFFORDABLE
HOUSING:
43
District Two (2) and Three (3), as shown on the Project Master Plan, has been
designated as the location for a maximum of two hundred (200) residential
dwelling units developed on the second and/or third floor of non-residential
developments. These units shall be condominiums, with no freestanding single-
family/patio home or town home development permitted.
BRA shall be entitled to build a maximum of two hundred (200) dwelling units as
shown on the BVPD Master Plan in accordance with the conditions contained
herein and subject to the following additional requirements:
A total of fifteen percent (15%) of the total constructed units shall be sold
to a non-profit corporation that has obtained federal tax exempt status,
such as the Orange Community Housing and Land Trust (OCHLT), other
similar entity with the ability to ensure long term housing affordability
substantially equivalent to a ninety-nine (99) year affordability requirement
or longer, or a County agency (hereafter 'the Designated Entity'), , for the
purpose of making affordable housing units available in the Project to
Orange County residents,
2. The affordable units may only be conveyed to Qualified Buyers.
"Qualified Buyers", at a minimum, areindividuals or families: (I)with gross
incomes not more than 80% of the median family income for the
Metropolitan Statistical Area ("MSK) in which the Project is located, as
determined by statistics provided by the U.S. Department of Housing and
Urban Development ("HUD") as of January 1 of the year in which the
deeds for the dwelling units are transferred; (2) who live or work within
Orange County; (3) who will occupy the units and not use the same as
rental properties; and (4) comply with any additional requirements of the
Designated Entity.
3. This Designated Entity shall be responsible for establishing the
appropriate mechanisms to guarantee that the affordable units shall be
affordable and available to Qualified buyers for a term greater than 99
years.
4. This Designated Entity shall be responsible for recording in the Orange
County Registry, covenants, deed restrictions, and other agreements as
necessary to guarantee the long term affordability of the units, and to
ensure compliance with the other requirements of this Section R. ,
5. BRA shall be responsible for:
a. Providing vehicular and pedestrian access to the units,
b. Providing any necessary cross-access easement
agreements allowing for access to the units,
C. Insuring that all public utilities are available to support the
aforementioned units.
ME
(:9:7D
6. The deed to these units shall be conveyed by the developer to the
Designated Entity prior to the issuance of a Certificate of Occupancy for
any of the dwelling units within District Two (2),
7.
S — SPECIFIC DEVELOPMENT GUIDELINES — DEVELOPMENT AND USE OF
DRIVE-THRU FACILITIES:
In addition to any and all applicable Federal, State, or local requirements, the
following specific standards shall govern the development and use of drive-thru
facilities for the Project:
I. There shall be a limit of five (5) total drive-thru facilities for the entire
Project broken down as follows:
a. There shall be a maximum of two (2) drive-thru facilities
utilized to support restaurant development within the Project,
b. The remaining three (3) drive-thru facilities shall be utilized
to support non-restaurant development(s)
2. No approved land use utilizing a drive-thru facility shall be located within
one hundred (100) feet of an exterior property line. This includes the
building, drive lane for the drive-thru, or parking facilities,
3. No menu board utilized as part of a drive-thru for a restaurant shall be
visible from an external roadway,
4. There shall be a minimum fifteen (15) foot vegetative strip planted along
the length of the roadway utilized by the drive-thru facility. This strip shall
be planted with sufficient vegetation for form a dense, opaque, buffer
planted to the following standard:
a. There shall be a continuous evergreen hedge planted along
the interior curb of the drive-thru lane that will have an initial
planting height of thirty (30) inches and achieve a height of
five (5) feet at maturity,
b. There shall be a second row of plantings behind the
continuous hedge line comprised of deciduous and
evergreen trees that will have an initial planting height of ten
(10) feet and achieve a height of at least thirty (30) feet at
maturity.
These trees shall be planted twenty (20) foot on center.
5. For land uses that utilize drive-thru facilities, parking area shall be reduced
by ten (10) percent to accommodate the additional traffic impact.
.91W
T— SPECIFIC DEVELOPMENT GUIDELINES — TRANSFER OF PROPERTY TO
ORANGE COUNTY:
Once all required utility infrastructure has been installed within District Three (3),
BRA shall dedicate, in fee simple one (1) acre of land- area for governmental
use/development to the County no later than ninety (90) days from receiving
certification that all required utility improvements have been completed in
accordance with the utility master plan per the City of Mebane.
BRA's conveyance of this land area to the County shall fulfill its obligation to
dedicate property to allow for the development of governmental services and
other similar obligations as shown on the approved Master Plan.
Further, the deed transferring the property from BRA to Orange County shall
detail and grant the proportional share of the cumulative impervious surface
allotment afforded to the one (1) acre lot.
U - SPECIFIC DEVELOPMENT GUIDELINES — ADHERANCE TO LEED
STANDARDS:
BRA shall adhere to select LEED standards associated with the development of
the Project. While the Project does. not have to obtain formal LEED Certification,
BRA shall adhere to the various minimum standards detailed as follows:
LEED for Retail - New Construction PILOT (preliminary USGBC)
Project Checklist - Pilot Scorecard
Certified: 26-32 points
Silver: 33-38 points
Gold: 39-51 points
Platinum: 52-70 points
Construction Activity Pollution Prevention Required
Credit 1 Site Selection
Credit 2 Development Density & Community Connectivity
Credit 3 Brownfield Redevelopment
Credit 4 Alternative Transportation
A. Public Transportation Access (I point)
B. Bicycle Storage & Commuting (1 Point)
C. Low Emitting & Fuel Efficient Vehicles (1 Point)
D. Parking Capacity (1 Point)
E. Delivery Service (1 Point)
F. Incentives (1 Point)
G. Car-Share Membership (1 Point)
H. Alternative Transportation Education (I Point)
Credit 5.1 Site Development, Protect or Restore Habitat
Credit 5.2 Site Development, Maximize Open Space
46
-
Credit 6.1
Stormwater Design, Quantity Control
1
Credit 6.2
Stormwater Design, Quality Control
1
Credit 7.1
Heat Island Effect, Non -Roof
1
Credit 7.2
Heat Island Effect, Non -Roof
5
Credit 7.3
Heat Island Effect, Non -Roof
Credit 7.4
Heat Island Effect, Roof
Credit s
Light Pollution Reduction
13
Subtotal
Water Efficiency 5 Possible Points
`1 Credit 1.1 Water Efficient Landscaping, Reduce by 50%
1 Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation
Credit 2 Innovative Wastewater Technologies
1 Credit 3.1 Water Use Reduction, 20% Reduction
Credit 3.2 Water Use Reduction, 30% Reduction
3 Subtotal
Energy & Atmosphere 17 Possible Points
Prereq 1 Fundamental Commissioning of the Building Energy Systems
1 Prereq 2 Minimum Energy Performance Required
9 Prereq 3 Fundamental Refrigerant Management Required
Credit 1 Optimize Energy Performance
Credit 2 On -Site Renewable Energy
1
Credit 3
Enhanced Commissioning
Credit 4
Enhanced Refrigerant Management
1
Credit 5
Measurement & Verification
Credit 6
Green Power
5
Subtotal
Materials & Resources 13 Possible Points
'rereq 1
Credit 1.1
Credit 1.2
Credit 1.3
Credit 2.1
Credit 2.2
Storage & Collection of Recyclables Required
Building Reuse, Maintain 75% of Existing Wails, Floors & Roof
Building Reuse, Maintain 95% of Existing Walls, Floors & Roof
Building Reuse, Maintain 50% of Interior Non - Structural Elements
Construction Waste Management, Divert 50% from Disposal
Construction Waste Management, Divert 75% from Disposal
Credit 3.1 Materials Reuse, 5%
Credit 3.2 Materials Reuse, 10 %"
Credit 4.1 Recycled Content, 10% (post- consumer + 112 pre- consumer)
Credit 4.2 Recycled Content, 20% (post- consumer + 112 pre- consumer)
Credit 5.1 Regional Materials, 10% Extracted, Processed & Manufactured Regionally
Credit 5.2 Regional Materials, 20% Extracted, Processed & Manufactured Regionally
Credit 6 Rapidly Renewable Materials
Credit 7 Certified Wood
Subtotal
47
r1pi—N-M-00-0m
NO WX
Innovation & Design Process 6 Possible Points
Credit 1.1
Credit 1.2
Credit 1.3
Credit 1.4
Credit 2
Subtotal
Innovation in Design
Innovation in Design
Innovation in Design
Innovation in Design
LEED Accredited Professional
Project Totals 70 Possible Points
** NOTE: BRA shall meet a minimum of 26 points for the Project
Additional non-designated LEED standards may be adhered to for individual projects.
All site plans submitted proposing development within the Project shall detail the
various LEED standards incorporated within the development and identify any and all
standards adhered to above and beyond what is identified herein.
W-1
Indoor Environmental Quality 14 Possible Points
Prereq 1 Minimum IAQ Performance Required
Prereq 2 Environmental Tobacco Smoke (ETS) Control Required
Credit I Outdoor Air Delivery Monitoring
Credit 2 Increased Ventilation
Credit 3.1 Construction IAQ Management Plan, During Construction
Credit 3.2 Construction IAQ Management Plan, Before Occupancy
Credit 4 Low- Emitting Materials,
A. Adhesives & Sealants (I Point)
B. Paints & Coatings (I Point)
C. Flooring (I Point)
D. Composite Wood & Agrifiber Products (1 Point)
E. Furniture (1 Point)
F. Ceiling & Wall Systems (I Point)
Credit 5 Indoor Chemical & Pollutant Source Control
Credit 6 Controllability of Systems, Lighting and Thermal Comfort
Credit 7.1 Thermal Comfort, Design
Credit 7.2 Thermal Comfort, Employee Verification
Credit 8.1 Daylight & Views, Daylight 75% of Spaces
Credit 8.2 Daylight & Views, Views for 90% of Spaces
Subtotal
I
I
I
I
I
I
I
I
I
9
Innovation & Design Process 6 Possible Points
Credit 1.1
Credit 1.2
Credit 1.3
Credit 1.4
Credit 2
Subtotal
Innovation in Design
Innovation in Design
Innovation in Design
Innovation in Design
LEED Accredited Professional
Project Totals 70 Possible Points
** NOTE: BRA shall meet a minimum of 26 points for the Project
Additional non-designated LEED standards may be adhered to for individual projects.
All site plans submitted proposing development within the Project shall detail the
various LEED standards incorporated within the development and identify any and all
standards adhered to above and beyond what is identified herein.
W-1
0
0
0
0
0
CD
CD
"U
0)
CL
CONDITION 'P' BUFFER CROSS SECTIONS
(1) NORTHERN BOUNDARY / UNDISTURBED 10 LINEAR FEET
1- 8511 -40 MTC BUFFER SECTION `A'
100% THINNING TO MIN. 54 TREES PER ACRE
(5,4/ACRE CONSISTS OF TREES 2" CALIPER
OR GREATER - 50% -100% CONIFEROUS
100% UNDERSTORY REMOVAL UP TO 20' IN HEIGHT
I loot
RUCKHORN
ILLAGE
/k& SUMMIT
�.II.
IIY
c I�
L'-
(2) NORTHERN BOUNDARY / VISIBILITY BREAKS + 200 LINEAR FEET
1- 8511 -40 MTC BUFFER (SECTION B) 155%
100% CLEARED
40% RE- VEGETATED — 100 " /o CONIFEROUS
(50% TREES 150% SHRUBS)
TREES - MAXIMUM PLANTING H'GT: 3'— 6'
SHRUBS —MAXIMUM PLANTING H'GT: 3'
60% GRASSED ht
BUCKHORN
t VILLAGE
1 -85 ;
+F f
I i
r�r
M� SUMMIT
CONSULTING
/03
(-/- b*
CONDITION 'P' BUFFER CROSS SECTIONS
:3) NORTHERN BOUNDARY I STORMWATER BMIP F+_6_0_0LINEAR FEET
1.85 11-40 MTO BUFFER SECTION C 35%
l000/o CLEARED (EXCLUDING NEUSEIOC BUFFER
REQUIREMENT) -UNDERSTORY PRUNING
40% RE-VEGETATED —,100% CONIFEROUS
(50% TREES If 500/b SHRUBS)
TREES - MAXIMUM PLANTING HIGT: 3'— 6'
SHRUBS - MAX. PLANTING H'GT; — 3'
45% STORMWATER RETENTIONIWATER QUALITY
1-86 PLANTINGS (oc"
BUdKHORN
VILLAGE
(4) . EASTERN BOUNDARY
25' BUFFER
50% CLEARED & GRADED RE-PLANTED TYPE B
(PROJECT SIDE)
50% NATURAL- UNDISTURBED
f r�
I -
ADJACENT F BUCKHORN
PROPERTY
I VILLAGE
m
SUMMIT
CONSULTING
CONDITION 'P' BUFFER CROSS SECTIONS
(5) CLEARVIEW BOUNDARY
150' BUFFER
15% CLEARED - REGRADE & REPLANT w/TYPE B
(PROJECT SIDE)
85% UNDISTURBED - REFORESTATION IF NEEDED
TO 54 TREES / ACRE - CONIFEROUS
CLr-IL12%ilr-uu
stj
SUMMIT
CONSULTING
(6) WEST TEN BOUNDARY
75' BUFFER
50% CLEARING - RE-PLANT/RE-GRASSED TYPE B
50% UNDISTURBED (wISPECIMEN TREES)
• UNDERSTORY REMOVAL UP TO 20' IN HEIGHT
THINNING TO 54 TREESIACRE - RETAIN
SPECIMEN TREES
4-4--
M; j
BUCKNORK
WEST TEN
VILLAGE -
ROAD
PARKING
IMM
,A" ' P-ti I A A& IT
SHORN
%GE
is 6
----------
CONDITION V BUFFER CROSS SECTIONS
(7) WEST TEN BOUNDARY I (ENTRANCEWAY)
75' BUFFER
LIMITED AREA
100% CLEARED (EXCLUDES SPECIMEN TREES)
100% RE-PLANTTYPEB
BUCKHORN
WESTTEN VILLAGE
ROAD
MIT
V CONSULTING
RryiHttnNC _4 • lm• �
(8) BUCKHORN ROAD BOUNDARY I (NOT ADJ. TO
25' BUFFER EXISTING
RESIDENTIAL)
100% CLEARED -RE- GRADED
100% RE-VEGETATE -TYPE B
R&
SUCKHORN
ROAD
SUCKHORN
VILLAGE
SUMMIT
CONSULTING
(2o�)
CONDITION 'P' BUFFER CROSS SECTIONS
(9) BUCKHORN, ROAD RESIDENTIAL LOTS 150'
BUFFER
60% UNDISTURBED
50% CLEARED - 3'- 4' HG'T BERMS
RE-VEGETATE -TYPE B
ADJACENT 9-
PROPERTY
BUCKHORN
VILLAGE
W
Y\�mw
CQHSVLIING
ixcnu C �M M, sm tot
ftwh M ZWO
(10) BUCKHORN ROAD 11-85 CORNER
BOUNDARY
25'BUFFER
100% CLEARED& RE-GRADED
100% RE-VEGETATED -TYPE B
a
'AKHORN
-AGE
SUMMIT
October 7, 2008
Orange County Commissioners and
Laura Blackmon, Orange County Manager
PO Box 8181
Hillsborough NC 27278
Subject: Final Conditions and Recommendations for Buckhorn Village
Dear Commissioners and County Manager:
On behalf of Buckhorn Road Associates, LLC, I have been directed to draft this letter concerning
the specific conditions discussed at the September 16, 2008 Orange County Commissioners
meeting and the Final Conditions of Approval provided on Wednesday September 24, 2008.
Buckhorn Road Associates is in agreement with all Conditions A -U with the exception of P and
S. The following are our responses to condition P and S as prepared.
CONDITION P — OPEN SPACE MANAGEMENT — PERIMETER LANDSCAPING
Buckhorn Road Associates offers a compromise of 50% breaks that include landscaped
berms and bio- retention areas that is a reduction from our previous 60% request. We
cannot stress enough the importance of this design solution. As stated in the previous
documentation and presentations, visibility of the retail center is a requirement of the
destination retailers earmarked for this development. Without this visibility, the project
is in jeopardy and would not be as revenue productive for all participants.
The Economic Development District Design Manual states the following "Limited
breaks in required interstate buffers mad, be allowed, but only if they are well designed
and provide either a scenic Vista or landscaped area. Landscaped berms, fences, and
walls, cis ivell cis .stornnvater detention por7ds or fbau71air7s, may be used in association
ivith such breaks, provided they are designed and located in harnionji lwith other site
.features and f actions. No more than one (1) break per lot shall be permitted, and the
break shall constitute no rn7ore than m,enly -five (25% of the interstate frontage. "
Our plan for thinning the existing vegetation and clearing and replanting the other
portions of the buffer (the 50% breaks), will theoretically return the buffer to a
vegetative state with the exception of the wet stormwater detention facilities. No
buildings or permanent structures are allowed within this buffer.
We have provided a conceptual rendering as requested depicting the 50% breaks
(requested as the compromise design solution #13) and the 25% breaks (allowed by the
ordinance). Please understand this is just an illustrative example.
Page I of 3
1000 Corporate Drive - Suite 101 - Hillsborough, NC 27278 314 -A North Madison Boulevard - Roxboro, NC 27573
Telephone (919) 732 -3883 - fax (919) 132 -6676 www.summit- engineer.com Telephone (336) 599 -3900 - Fax (336) 599 -7226
0
Retail developments require a scenic visual impact much different than industrial land
uses. which would have more screening requirements. Retail design is more aesthetic,
and its visibility serves as a marketing, and economic development enhancement that
leads to the overall sustainability of such developments.
As we have testified before the Planning Board and the Board of County
Commissioners, these areas will be landscaped to create scenic vistas within the open
areas that include lower height gromin. bio- retention plant species that still allow
visibility and absorption of carbon dioxide. This will allow the visibility that is a
required condition of many large destination retailers and service establishments like
hotels and anchor tenants.
In essence, we are requesting the ability to remove 50 % of the existing thick vegetation
and replace with small trees that are more appropriate for stornlwater management as
well as drought tolerant. The mljority of this 138 acre parcel has been timbered and
contains primarily scrub pine second growth.
We do not believe that the Planning Board fully understood our intention of re-
veoetating the disturbed area to ensure the viability of the buffer, nor do we believe that
our request was inconsistent with the intent of the buffer. As we will be re- planting
vegetation in this area, the integrity of the buffer will be maintained while we are
allowed to increase the visibility of the project.
We believe that this is a potential win for all parties and a requirement of our future
tenants.
?. CONDITION S — SPECIFIC DEVELOPMENT GUIDELINES — DEVELOPMENT
AND USE OF DRIVE- TI-IRU LANES
With respect to Condition Twenty -Six (26), we respectfully request that the County
allow us the flexibility of having drive -thru facilities for various land uses, specifically
drug stores, banks, and other similar retail developments. These accessory facilities are
imperative to attracting these types of tenants /owners and are permitted by right in
many situations through out the county. Many commercial retail projects have 4 drive
thrus per 20 acres of development. Without such allowances. it will be impossible for
this project to attract land users that rely oil a drive -thrU as a convenience item, and for
some, an industry standard, for their clientele. These types of users are a must for this
type of project to be successful.
As a compromise, we would agree to a illaxinlllnl number i per 25 acres within the
development. In order to offset the use of drive- thrus, the nlininlunl parking
requirements for the establishment utilizing the drive -thru shall be reduced by 10 %,
each drive -tllru will increase planting requirements (10 additional small trees per site
for non- restaurant establishments and 20 additional small trees for restaurant
establishments). and multiple windows and lanes will be utilized where possible. These
additional trees will mitigate the air pollution associated Nvith the drive- thrus. While we
understand that the County. from an air quality perspective. does not want to have
drive -thru facilities. we believe that there is a need for such amenities to offer necessary
services to those who may need them.
Page 2 of 3
/!o
There are instances where the elderly, handicapped, or parents with children in a
vehicle, find it difficult to park and go into a business to take advantage of a service. A
drive -thru facility offers these individuals a desirable alternative that addresses their
immediate needs.
If the County decides not to approve the request of drive- thrus_ in Buckhorn
Village, Bucklorn Road Associates requests that the County ban drive -thrus
throughout the County. The requirement of disallowing drive -thrus in Buckhorn
Village will be a distinct economic disadvantage if other establishments outside the
limits of Buckhorn Village are allowed to develop with a drive -thru.
Thant: you for your consideration of the points we have discussed in this letter. We believe that
these points are imperative to creating a successful project. The outcome of these decisions will
determine out- ability to successfully develop the Buckhorn Village project.
On behalf of Buckhorn Road Associates, LLC and the development team, we appreciate the
attention this project has been given by Craig Benedict, Michael Harvey, and the Orange County
Planning Board. We are committed to creating a superior and environmentally sensitive
development for residents and visitors for all of Orange County's enjoyment and economic
benefit.
Yours truly,
Llllm it Consultinb Engineering, Architecture and Surveying, PLLC
.1 mes W. Parker, Jr., PE, PLS
Nit, 'dent
/j wp
pc: Buckhorn Road Associates, LLC
J107390E /Documents /Final Conditions /Final Applicant Letter to Commissioners 10- 07- 08.doc
Paoe 3 o173
ATTACHMENT4— Statement of Inconsistency:
STATEMENT OF CONSISTENCY
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS STATUTE 153A-341
PURSUANT TO DEVELOPMENT APPLICATION REGARDING A PLANNED ION OF AMENDMENT TO
THE ORANGE COUNTY ZONING ATLAS FOR
BUCKHORN ROAD ASSOCIATES LLC
(PD- 01 -08)
Orange County has received and reviewed the application of Buckhorn Road Associates, LLC,
(the "Applicant ") to amend the Orange County Zoning Ordinance and Atlas to rezone four (4)
parcels of real property containing approximately one hundred and thirty (13 0) acres from
Economic Development District (I- 85/Buckhorn Road EDD) and/or Rural Residential One (R -1)
to Buckhorn Village Planned Development — Economic Development District (BVPD -ED). The
parcels, are identified more particularly in the relevant application for amendment submitted by
the Applicant.
The Orange County Board of Commissioners has determined that the amendment requested if
approved will be inconsistent with Orange County's adopted comprehensive plan, and the Board
of Commissioners proposed action on the amendment applied for is not reasonable and not in the
public interest for the following reasons:
1) That pursuant to Section 20.3.2 (e) of the Orange County Zoning Ordinance, the
Board finds that the proposed Zoning Atlas amendment will not carry out the
intent and purpose of the adopted Comprehensive Plan or part thereof including,
but not limited to, the following:
a. The goals, policies, and objectives as detailed within the adopted Orange County
Comprehensive Plan including, but not limited to, the Economic Development
Element, and
2) That the proposed amendment is not consistent with the Orange County
Economic Development Strategic Plan for Growth in that the amendment
will not allow for the type or classification of jobs, as identified within the
Economic Development Strategic Plan.
3) That the Board finds that the proposed amendment will result in land uses
that are not similar to existing development as the existing land uses
surrounding the project are residential in nature.
4) That the Board finds that there is insufficient documentation, submitted by
the applicant, indicating that the project can be served through existing
(J l 2)
utility services. As a result the Board finds that the project cannot be
served by exiting utilities. ,
Adopted by the Orange County Board of Commissioners this - day of
2008.
Ayes:
Noes:
Donna Baker, Clerk 'to BOCC
/i3
ATTACHMENT 5 — Resolution of Rezoning Denial:
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO DENY AN ORDINANCE FOR A ZONING ATLAS AMENDMENT
FORA
PLANNED DEVELOPMENT PETITION OF
BUCKHORN ROAD ASSOCIATES LLC
(PD- 01 -08)
Date:
Applicant /Owner: Buckhorn Road Associates LLC
The Board of County Commissioners for Orange County (hereafter "BOCC" or `Board ") herby
denies an Application For Amendment (the "Application ") to the Orange County Zoning
Ordinance (the "Ordinance ") and the Orange County Zoning Atlas (the "Atlas "), submitted by
Buckhorn Road Associates LLC, (the "Applicant ") to amend the Ordinance and Atlas by
rezoning those certain parcels of property described more fully below:
FROM: Economic Development District (I- 85 /Buckhorn Road EDD) and /or Rural
Residential One (R -1)
TO: Buckhorn Village Planned Development — Economic Development
District (BVPD -ED)
The parcels affected by the Application are located at the intersection of Buckhorn Road (SR
1114) and West Ten Road (SR 1144) being further identified as in the Orange County Land
Records Office as follows:
1. A one hundred ten (110) acre tract of land identified as 508 Buckhorn Road (TMBL
3.28..20 / PIN 9834 - 561587),
2. A seventeen (17) acre tract of land also identified as 508 Buckhorn Road (TMBL
3.28..20C / PIN 9834 -47- 5147),
3. A one (1) acre parcel of property that is located west of the two (2) previously identified
properties, listed as 527 Buckhorn Road (TMBL 3.28..13 / PIN 9834 -36- 4223), and
4. A two (2) acre parcel of property along West Ten Road, adjacent to the previously
identified one hundred ten (110) acre tract of land (TMBL 3.28..57C / PIN 9834 -54-
1735)
These parcels shall be referred to herein collectively as the "Property" or "property ". The
Property is further identified by the following legal description:
Tracks I and 2 (128.05 Acres total) PIN 9834-56-1587 / 9834-47-5147
BEGE,41 NG at a point at the intersection of the centerline of West Ten Road
(SRI 144) and the centerline of Buckhom Road (SRI 114), said point having NC
Grid Coordinates N. 844646.257 feet, E. 1933702.566 feet (NAD 83/07), and
running thence with the centerline of Buckhom Road ( SR 1114) along 4 courses
as follows: N.10'24'43"W. 132.35 feet to a point, N.02'43'30"W. 105.50 feet to a
point, N.00'36'24"E. 326.95 feet to a point and N.00'53'28"E. 384.62 feet to a
point; thence with the lines of now or formerly Naola Fearrington, Maggie
Murphy, Joe Fearrington, Phyllis Foust and Jasper Foust along 8 courses as
follows: N.89'01'28"E. 346.54 feet to an existing iron pin, N07'25'56"W. 65.11
feet to an existing iron pin, N07'40'27"W. 65.04 feet to an existing iron pin,
N07037'42"W. 80.48 feet to an existing iron pin, N07'32'31"W. 185.11 feet to an
existing iron pin, N07'40'25"W. 214.32 feet to an existing iron pin,
N07047'1 1"W. 179.59 feet to an existing iron pin, and N80050'40"W. 116.23 feet
to point in the centerline of Buckhom Road ( SR 1114); thence with the
centerline of Buckhom Road ( SR 1114) along 4 courses as follows:
N12052'50"E. 63.86 feet to point, N10043'08"E. 183.67 feet to point,
N04014'02"W. 227.56 feet to point and N10055'43"W. 300.03 feet to point;
thence with Venture Capital Group along 2 courses as follows: N84'14'06"E.
28.44 feet to point and a curve to the left having a radius of 997.69 feet, an arc
length of 717.82 feet ( chord bearing and distance N50 °45' 16 "E 702.44 feet) to a
point in the south right of way line of Interstate Highway 1-85; thence with the
south right of way line of Interstate Highway 1-85 along 8 courses as follows: a
curve to the right having a radius of 1352.38 feet, an are length of 386.20 feet (
chord bearing and distance N87013'25"E 384.89 feet) to a point, S81054'34"E.
194.37 feet to point, S79 °13' 14 "E. 177.50 feet to point, S79 °13' 14 "E. 72.57 feet
to point, S80035'43"E. 949.99 feet to point, N77'38'08"E. 53.94 feet to -a point,
S 8 1 000'5 1 "E. 13 3.8 5 feet to an existing iron pin and, S 8 0046'20"E. 22.51 feet to
an existing iron pin; thence with the west line of now or. formerly Don Collins
S08042'04"E. 1209.06 feet an existing iron pin; thence with the lines of
"Clearview Subdivision (Plat Book 71 page 146) lots 24,23 and E-23 along 2
courses as follows: S87'13'11"W. 1038.93 feet to an existing iron pin and
S08042'25"E. 214.12 feet to an existing iron pin; thence with the north line of
now or formerly D H Doby S84'33'36"W. 210.04 feet to an existing iron pin;
thence with the north and west lines of now or formerly N Thomasson along 2
courses as follows: S84'40'1 1 "W. 209.89 feet to an existing iron pin and
S08058'20"E. 691.72 feet to an existing iron pin: thence with the west line of now
or formerly F Kirkpatrick S08'43'33"E. 300.66 feet to an existing iron pin;
thence with the north and west lines of now or formerly N Thomasson along 3
courses as follows: S87046'31"W. 253.89 feet to an existing iron pin ,
S04057'07"E. 301.62 feet to an existing iron pin, and S04057'07"E. 25.31 feet to a
point in the centerline of West Ten Road ( SR 1144); thence with the centerline of
West Ten Road ( SR 1144) along 6 courses as follows: S.88037'49"W. 260.79
feet to a point, S.89 °38' 18 "W. 485.65 feet to a point, N.87044'05"W. 130.27 feet
115)
to a point N.82'29'51"W. 228.74 feet to a point, N78'12'51"W. 95.94 feet to a
point and N.77'09'29"W. 114.27 feet to a point at the intersection of the
centerline of West Ten Road ( SR 1144) and the centerline of Buckhom Road (
SR 1114), the POINT OF BEGINNING and being the major portion of property
of Orange County Investors as described in Deed Book 475 Page 583 and Deed
Book 4126 page 223 containing approximately 128.05 acres as shown on survey
entitled "Re-zoning Description Plat, 128.05 Acres Total, Property Surveyed For
Orange County Investors" dated January 04, 2008, preliminary plat by William
H. McCarthy, Jr. PLS, Summit Consulting Project 07-390E to which plat
reference is hereby made for a more particular description of same. Bearings used
in this description are based on NC Grid NAD 83/07.
Tract 3-R 0.49 Acres PIN 9834-36-4225
BEGINNING at a point having NC Grid Coordinates N. 846,393.224 feet, E.
1,933,838.722 feet ( NAD 83/07) in the east right of way line of Buckhom Road
(SR 1114) in the south line of Orange County Investors (see Tract 1 as shown on
plat entitled "Property Surveyed For Orange County investors" Plat Book 39 page
109 and Deed Book 475 page 583 Orange County Registry) and said point being
the northwest comer of that portion of Tract 1, as shown on n plat entitled "Final
Plat Division of Bertha Foust Estate" Plat Book 75 page 44 Orange County
Registry, lying on the east side of Buckhom Road (SR 1114) and running thence
with the south and west lines of Orange County Investors (see Tract 1 as shown
on plat entitled "Property Surveyed For Orange County Investors" Plat Book 39
page 109 and Deed Book 475 page 583 Orange County Registry) along 2 courses
as follows: 5.82026'36"E. 86.56 feet to an existing iron pin and 5.07047'11"E.
179.59 feet to an existing iron pin at the northeast comer of Phyllis Foust ( see
Plat Book 5 page 22, part of tract 6 and Deed Book 932 page 60 Orange County
Registry); thence along and with Foust's north line N.85'26'33"W. 151.90 feet to
a point in the east right of way line of Buckhom Road (SR 1114): thence along
and with the east right of way line of Buckhom Road (SR 1114) N. 13'06'44"E.
181.99 feet to a point, the place and POINT OF BEGINNING, and being all of
that portion of Tract 1, as shown on plat entitled "Final Plat Division of Bertha
Foust Estate" Plat Book 75 page 44 Orange County Registry, lying on the east
side of Buckhom Road (SR 1114) containing 0.49 acres more or less, designated
as Tract 3-R on plat entitled "Re-zoning Description Plat, 2.49 Acres Total,
Property Surveyed For Buckhom Road Associates, LLC" dated February 11,
2008, preliminary plat by William H. McCarthy, Jr. PLS, Summit Consulting
Project 07-390E to which plat reference is hereby made for a more particular
description of same. Bearings used in this description are based on NC Grid NAD
83/07.
Tract 4-R 2.00 Acres PIN 9834-54-1735
BEGINNING at a point having NC Grid Coordinates N. 844,586.556 feet, E.
1,93 5,28 8.799 feet ( NAD 83/07) in the center of West Ten Road (SR 1144) at the
southwest comer of Nellie Hatch Thomasson and husband Carl E. Thomasson
(see Tract 3 Deed Book 2049 page 227 Orange County Registry), said point
being shown as the southeast comer of Tract 1 Plat Book 39 page 109 Orange
County Registry, and running thence with the centerline of West Ten Road (SR
1144) along 2 courses as follows: 5.86'17'47"W. 101.04 feet to a point and
5.88027'06"W. 176.82 feet to a point in the center of a Public Service Company
of North Carolina Gas Easement; thence with the center of said easement along 3
courses as follows: N.04'57'07"W. 0.29 feet to a point, N.04'57'07"W. 25.31 feet
to an existing iron pin, and N.04'57'07"W. 301.62 feet to an existing iron pin;
thence 5.87'46'31"E. 253.89 feet to an existing iron pin in the west line of Faye
Ann Simmons Kirkpatrick (see Deed Book 3676 page 255 Orange County
Registry) ; thence along and with the west lines of Faye Ann Simmons
Kirkpatrick (see Deed Book 3676 page 255 Orange County Registry) and Nellie
Hatch Thomasson and husband Carl E. Thomasson (see Tract 3 Deed Book 2049
page 227 Orange County Registry) 5.09'07'25"E. 328.71 feet to a point in the
center of West Ten Road (SR 1144), the place and POINT OF BEGINNING, and
being all Tract 4-R containing 2.00 Acres more or less as shown on plat entitled
"Re-zoning Description Plat, 2.49 Acres Total, Property Surveyed For Buckhom
Road Associates, LLC" dated February 11, 2008, preliminary plat by William H.
McCarthy, Jr. PLS, Summit Consulting Project 07-390E to which plat reference is
hereby made for a more particular description of same. Bearings used in this
description are based on NC Grid NAD 83/07.
In accordance with the Ordinance, the Board hereby makes the following findings as to the
denial of the Application:
1. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application
will not carry out the intent and purpose of the adopted Comprehensive Plan or part
thereof including, but not limited to, the following:
a. The goals, policies, and objectives as detailed within the adopted Orange County
Comprehensive Plan including, but not limited to, the Economic Development
Element, and
b. The Orange County Economic Development Strategic Plan for Growth.
2. Pursuant to Article Seven (7) of the Ordinance, the Board finds that the Application is
not consistent with the purpose and intent of the Ordinance requirements and that, in
accordance with Section 7.5.4, the Board makes the following findings:
(a) As to the suitability of the proposals for the general type of PD category,
the physical characteristics of the land, and relation of the proposed
development to surrounding areas and existing and probable future
development,-
The Board finds that the proposed development is not similar to existing
development as the existing land uses in the surrounding area is not
similar to the development contemplated by the Application.
!17
(b) As to relation to major roads and mass transit facilities, utilities and other
facilities and services;
The Board finds that there is insufficient documentation, submitted by the
Applicant, indicating that the proposed development can be served
through existing utility services. As a result the Board finds that the
project cannot be served by exiting utilities.
(c) As to the adequacy of evidence on unified control and the suitability of any
proposed agreements, contracts, deed restrictions, sureties, dedications,
contributions, guarantees, or other instruments, or the need for such
instruments, or for amendments in those proposed;
The Board finds that the Application amendment does not contain
sufficient documentation indicating that the development will be under
unified control guaranteeing the development of the property consistent
with the proposed Application(s).
(d) As to the suitability of plans proposed or the desirability of amendments;
The Board finds that the plans proposed within the Application are not
suitable for approval.
(e) As to the adherence to PD or general regulations or as to desirable
specific modifications in PD or general regulations as applied to the
particular case, based on determination that such modifications are
necessary or justified in the particular case by demonstration that the
public purposes of PD or other regulations would be met to at least an
equivalent degree by such modifications;
The Board finds that:
i. The Application does not adhere to the applicable PD and/or
general regulations, and
ii. The Application does not contain desirable amendments,
specifically the fourteen (14) proposed Design Solutions, that
apply to this particular development as proposed by the Applicant.
3. That the members of the public who spoke at the several public hearings on the
Application indicated opposition for the types of uses of the Property proposed within the
Application and the potential negative environmental impacts that could result of the
Application was approved.
4. That the types of uses of the Property proposed by the Application are not desirable to
serve the residents of Orange County.
5. That the jobs that are anticipated to be created as a result of the proposed uses on the
Property are "low wage" jobs and thus not the type contemplated to be created by
development of the Buckhorn Economic Development District.
6. That there is property adjacent to Property at issue that is residential in nature, and the
Application proposes uses that are far more intensive than adjacent land uses.
This Ordinance shall become effective upon approval.
Adopted by the Orange County Board of Commissioners this _ day of 52008.
Ayes:
Noes:
Donna Baker, Clerk to BOCC