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HomeMy WebLinkAboutAgenda - 10-14-2008 - 2ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 14, 2008 Action Agendo~a Item No. SUBJECT: Buckhorn Village PD/SUP (Rezoning/Special Use Permit) Confirmation of Revisions from October 7, 2008 BOCC Meeting DEPARTMENT: Planning and Inspections County Manager's Office County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 3. (c) Conditions of Approval (COA) 3. (d) Letter from Developer Indicating Agreement with Recommended Conditions of Approval (To Be Distributed Prior to the Meeting) (Under Separate Cover) INFORMATION CONTACT: Craig Benedict, 245-2592 Michael Harvey. 245-2607 Laura Blackmon, 245-2300 Geoffrey Gledhill, 732-8126 PURPOSE: To approve the 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: The project and associated applications were approved in principle on October 7, 2008. As background context, 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 I-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 I- 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. SEPTEMBER 16, 2008 BOCC MEETING The BOCC deliberated on the applications and had the following comments regarding Conditions of Approval 3C. Developer and Administration are in agreement on how to address BOCC comments. Condition `L' - Signage Condition `R' -Affordable Housing Condition `T' - 1 Acre Dedication to County Condition `U' - LEED Standards Condition `P' -Open Space Perimeter Buffers Condition `S' -Drive-thrus OCTOBER 7, 2008 BOCC MEETING The BOCC approved in principal the rezoning and Special Use Permit and recommended certain revisions to the Conditions of Approval. These revisions were agreed to by the developer at the meeting. All parties are now in agreement with all conditions. FINANCIAL IMPACT: Not applicable for this action. ADMINISTRATION RECOMMENDATION(S): The Administration recommends the BOCC: 1. Approve the recommended and revised Conditions of Approval noted in Attachment 3(c) with developer's agreement concerning above as noted in Attachment 3(d); 2. Approve Attachments 2, 3(a), and 3(b) to the October 7, 2008 Board of County Commissioners' Buckhorn Village Agenda Item Abstract; and 3. Approve the Special Use Permit subject to final review and approval by the County Attorney prior to the permit being recorded. ATTACHMENT3(c)- CONDITIONS OF APPROVAL (COA) 3 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'). The Special Use Permit will contain 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 Properly be subject to unified control. For purposes of this Section A.2., "infrastructure" shall mean as follows: 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, 4 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 Letter(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 5 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-candles. Information at each kiosk shall detail local transit information including basic schedule and route information. B -PERMIT REVIEW: 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. 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. 6 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 O 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. 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. Musicallnstruments, 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, 8 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), i. Health and Fitness Clubs, j. Health services including doctors and dentist offices without medical or dental laboratories, k. Laundry, dry cleaning, and shoe repair services, 1. Libraries, m. ArtJphotographic studios, n. Publishing and printing, o. 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, 9 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. 2. District Two (2): 10 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: i. 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: i. 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: i. Manufacturing, Assembly, and Processing, ii. Retail Trade, iii. Finance, Insurance, and Real Estate and 11 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: 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 45,938 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 II) 2. Retail -Large (District I) 3. Hotels (Districf II and III) 4. Theaters (indoors/outdoors) 5. Retail -Large (District III) 6. Residential (District 11 and III) 353,000 square feet 185,000 square feet 200 rooms 500 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: 12' USE Retail Equivalent Conversion Factor 30,000 s 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 of the Project, shall contain detailed information demonstrating 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 solid waste needs of the development and identify the various agencies that 13 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. `If any vehicles are parked in the refuse or recyclables collection vehicle access area, the containers will not receive service until the next scheduled collection day.' 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. ` 14 f. `ey Orange County Ordinance, all haulers of construction waste must be properly licensed.' g. `Prior to any demolition or construction activity on the site the applicant will hold apre-demolition/pre-construction conference with the County's Solid Waste staff. This maybe 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 properly 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 so designed and situated as to not 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: 1. 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 15 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 apre- 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 properly 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 properly, 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 16 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 d and II 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 andJor 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 Ibs 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). 17 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 Ibs/ac/yr export OR do a combination of BMP's and offset payment to achieve a 3.6 Ibs/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 Ibs/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 Ibs/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 be 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. 18 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 c. 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 be prohibited in all buildings with the exception of single family residential units. . 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 within Section U; 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), b. ANC registered architect, c. ANC landscape architect, 19 d. ANC 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, CMUs shall be: 1. Standard block, painted for service areas out of public view, rears of parapets, etc OR 2. Split-face CMU's 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, b. All rooftop HVAC equipment, elevator overrides, and other similar devises will either be: 20 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 so 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 so 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 facade 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: Setback from Freestanding In-line building Signs, Storage, Internal Property building/structure Vehicular use Line areas, 21 Front 10 feet 1 foot Zero Side 10 feet Zero Zero Rear 10 feet 1 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 Maximum Size: Eight hundred (800) cumulative square foot allotment for the structure, with a limit of four hundred (400) square feet of 22 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 or a wall style sign that is externally illuminated. 23 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 amulti-tenant, single- story, freestanding building. Maximum Number: One (1) wall or building mounted sign per facade 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 hundred (300) square feet per building. Sign must fit above tenant space and 24 can only occupy two-thirds (2/3) of the building facade 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 facade or individual rental space, Maximum Height: The sign cannot extend above the building/parapet height, Maximum Size: Twenty-four (24) square feet. Style of Sign: No internally illuminated cabinet style signs shall be permitted within the development. Tenants are allowed to install a sign with individual letters that can be internally illuminated 25 Example: 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 building/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 facade 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. 26 All poster box signs shall front on interior drives and streets only. Example: 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 from right-of-way: Not Applicable Setback from private road: Not Applicable Example: A! ~z R- ~. 27 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: Maximum Size: Setback from right-of-way Twelve (12) feet, One hundred (100) square feet each, 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: As determined by staff(s) during site plan(s) review, Maximum Height: As determined by staff(s) during site plan(s) review, Maximum Size: Sixteen (16) square feet Setback from right-of-way Ten (10) feet (all classifications of right- of-way) Example: 28 i. 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: One (1) per use identified on a submitted site plan, Maximum Height: Maximum Size: Setback from right-of-way 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. 29 Example: 30 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: 1. 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), Section A. 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. Buckhorn 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, ~. All street signals shall be erected utilizing metal poles, 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, 31 9. The developer shall identify and develop segregated entrances and exits 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 of these 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, n. Through traffic signs, i . Any and all signs required by NC DOT for the Project 32 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 II: Ten (10) Miles and Hour, c. Streets serving as service roads to allow for the free flow of traffic between the various districts as well as Buckhorn and West Ten Roads: Twenty-two (22) Miles an 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 amulti-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: 33 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 aone-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, 34 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, including but not limited to preferential parking locations. 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 properly 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 properly 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/properly 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) parking 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 an Indoor and/or Outdoor Theater, d. One (1) parking space per employee per shift (ex: a Restaurant with multiple shifts shall provide the number of employee parking spaces 35 equal to the maximum number of employees working the shift with the maximum number of employees) within a Retail Trade, Restaurant facility as well as one (1 } parking space for every four (4) seats within the facility, e. One (1) parking space for every three hundred (300) square feet of floor area within a Government facility. f. One (1) parking space per every room in a hotel plus one (1) parking space per employee per shift 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'. No less than twenty percent (20%) of the required parking spaces may be compact car parking; compact car spaces shall have dimensions 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: 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. 36 O - 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: 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) d. Orange County ERCD 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: 37 f~rlµ~9f [~i~i E 1 ~ ~ ~' 5 t ~ f'_ i .i. t " '1 E `. 1 P !a E,_ v Rc~r~~~ia~~ .. k. ~,f ~~ ,Y F" i i 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, 9~ ~ o ;.~. ~ ~ ~f 'F ~ ,- ~ ~ ~ , ~~ ~~ a, ' ~ _ ~~, - ~` ~~~ILIl9~ 'I ~ - i a ~~ ~` a ~ 0 ~ r ~!l.i~l~®~ i ~ i ~ z y" ~ 1 " .~ ~ ~ ( ~ 3 ~B ` ~ ~ ~ ~r t< I E `~r 1 - ~ .'mod ~ ~~ ~ ~ ~~ 1..~~`` Q~1 ~~ 1 ~ ~ ~ ~1 ~~ ' r~ ~ ' { ~~ i tl."1 1' l I LL k { ~ I ~ ' {` i,a-,~ '~ :`! lys [` t J ~ . ~ o i ~ E ~ 5 f4 ' v 1 a ~ .ta I .. i S ~. j ~F® t I~` 1~~ 1 i ~ ~' ~~ .~ ..k. ale ~~ r. ~ "I~r' i i~- ~~ ^i f` ~~, :fi 38 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 properly 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- fourinches (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: ~ e ~:. 6€[ E,1>;+~I~_~ ,:.~e:.,lel=_,L! -1 '~ ~ E ~ I l 1~:r:m.!.E~L.h.! ~ ~4,,~t~~ ~,:r, ~i ~~~~l~ I ~~11~~~3161J'~ L7~ ~i~ ~al~;, lt~~~~j .r~~l~i~t1.1~`Il~~ ;,; ~ ~~, r_. ~I~~ i . tD 39 a. Thirty percent (30%) of a buildings perimeter shall be -landscaped while maintaining the necessary sidewalk area 9 ,: ; ' n ~ ~ ,... .,. i. i, i ~ i~~ t~ ci ~ ~4 ~F3 }. S (~ F I '`r ~ ~ '~ ~ ti ~ ~ t 1 - ~ ~, r 4s : ~ ~' ~~ ~' i ~' i f t, ',i .1~,„ v 'f~ i it ~a..l t I ~ ~ ~ t. ~, 4 4 4 , ~ ~1 i ~;,<, , ~ i4 ~ ~ ~i ~ ~t : ~S Y ' 4 ~ , %~:~ . ~3~r~a~ k~=' ~-c3 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: 10. All ground level HVAC, mechanical equipment cabinets, etc. shall be screened from view through the use of landscaping, walls, and or fencing, 40 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 dumpster shall still be enclosed. P - OPEN SPACE MANAGEMENT - PERIMITER 1~4NDSCAPING: 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: 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. In all cases, BRA shall negotiate with utility providers to avoid the removal of vegetation in the location of and construction of public utilities within identified buffers. 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 existing 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 41 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 detailed landscaping plans indicating how the buffer shall be reestablished to the appropriate landscape standard(s) as detailed herein 5. 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: 42 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, 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 vegetative 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: 43 1. There shall be a seventy-five (75) foot wide Open Space corridor area along the southern property line. 50% of this 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. Q - UTILITIES: WATER: District I: The initial needs of the large single retailer are met by the existing infrastructure in Buckhorn Road. District I will be extension of the twelve inch (12") waterline into the property along the main entry street providing ingress/egress into to District I. At current capacities and pressures of the existing City of Mebane infrastructure domestic and fire flow service shall be available. A private booster pump shall be installed if determined by the City of Mebane and Orange County that it is necessary to provide adequate water pressure to tenants to address fire safety issues. District II and/or I11: 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. 44 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 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 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 I: District I will be served with a temporary private pump station and force main. The private line will discharge into the existing gravity sewer on the west side of Buckhorn Road. District 11 Development of District II will require the extension of the ten inch (10") gravity line from the Gravely Hill pump station to the east side of the property. Sewer easements shall be obtained and this will be a public line. Upgrade to the current GE pump station, north of 140/85 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. 45 R - SPECIFIC DEVELOPMENT GUIDELINES -PROVISION OF AFFORDABLE HOUSING: District Two (2) and District 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 that can be located on the second and/or third floor of non- residentialbuildings. 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: BRA shall propose an Affordable Housing Plan that addresses the following items, for approval by the County Manager prior to issuance of a Zoning Compliance Permit for either District Two (2) or District Three (3): a) Unless modified otherwise by this permit the following shall apply: i. Fifteen Percent (15) % of the proposed dwelling units shall be affordable dwelling unit(s) available to low and moderate income households with annual income at or below 80 percent of the area median income; ii. An affordable housing component shall be provided for any District of this development that includes residential units. iii. A minimum of 15 percent of units in each District that includes residential units shall be affordable. iv. For each District that includes residential units, affordable one- and two- bedroom units shall be provided at the same ratio of market rate one and two-bedroom units. b) Upon approval by the County Manager and the Zoning Officer of a Minor Change to this Special Use Permit, subsequent to presenting a report to the Orange County Board of Commissioners describing any such proposed Minor Change and receiving the Orange County Board of Commissioners' consent that it is a Minor Change,. BRA may exercise the option to modify (a) above as outlined below: i. BRA may increase the number of affordable two-bedroom units by decreasing the number of affordable one-bedroom units. For every affordable two-bedroom unit added, two affordable one-bedroom units may be removed; and/or BRA may decrease the number of affordable one-bedroom units, without a corresponding increase in affordable two- 46 bedroom units, by substituting a $75,000 payment-in-lieu per one-bedroom unit decrease. The amount of the payment in lieu shall be determined by the County Manager and the Zoning Officer with assistance from the Designated Entity (or its successor). The payment-in-lieu amount, which in October 2008 is $75,000, will be the amount necessary to subsidize an affordable housing unit at the time a decision is made to make apayment-in-lieu. Prior to the issuance of a building permit for the applicable District, BRA shall provide any required payment-in-lieu into a County affordable housing acquisition fund. This option may not be approved by the County Manager and the Zoning Officer if the total number of affordable units within the development are less than 10% in any District. c) The determination of eligibility of the owners; d) Marketing of the dwelling unit(s); e) Setting the rates of the units; f) Adequate assurances that the designated. units will remain affordable in perpetuity; g) Monthly condominium fees and utilities minimized by a transfer fee that requires a percentage of the sale of every unit (not to exceed 1 %) to be put into a special fund for this purpose; h) Pricing of the affordable units shall be subject to County Manager approval prior to issuance of a Zoning Compliance Permit; i) .Transfer fees associated with the sale/resale of properties are to be placed in a segregated fund of the Designated Entity for the specific purposes of first paying condominium and landowner association dues for persons who acquire the affordable housing; any excess funds go to the Designated Entity (or its successor) for the maintenance of affordable dwellings in BV and for other uses in support of affordable housing. Details of the, fund shall be approved by the County Manager; j) BRA shall be responsible for: Providing vehicular and pedestrian access to the units, Providing any necessary cross-access easement agreements allowing for access to the units, 47 iii. Insuring that all public utilities are available to support the aforementioned units. S - SPECIFIC DEVELOPMENT GUIDELINES -DEVELOPMENT AND USE OF .DRIVE-THRU FACILITIES: Drive-thru facilities at BV will be regulated in accordance with drive-thru regulations applicable in Orange County's planning jurisdiction that are in place at the time each application containing adrive-thru facility for site plan approval is submitted. 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 ~ Site Selection 48 credit 2 Development Density 8~ Community Connectivity credits Brownfield Redevelopment credit 4 Alternative Transportation 1 A. Public Transportation Access (1 point) 1 B. Bicycle Storage & Commuting (1 Point) C. Low Emitting & Fuel Efficient Vehicles (1 Point) r1 D. Parking Capacity (1 Point) 1 E. Delivery Service (1 Point) ~ ' ' F. Incentives (1 Point) 1 G. Car-Share Membership (1 Point) '1 H. Alternative Transportation Education (1 Point) credit 5.1 Site Development, Protect or Restore Habitat 1 credit s.2 Site Development, Maximize Open. Space 1 ; credit s.1 Stormwater Design, Quantity Control 1 -. '' Credit s.2 Stormwater Design, Quality Control 1 credit 7.1 Heat Island Effect, Non-Roof 1 credit 7.2 Heat Island Effect, Non-Roof Credit 7.s Heat Island Effect, Non-Roof credit 7.a Heat Island Effect, Roof credits Light Pollution Reduction 13 - Subtotal 1' Credit 1.1 1 Credit 1.2 Credit 2 1 Credit 3.1 Credit 3.2 3 Subtotal Water Efbcient Landscaping, Reduce by 50% Water Efficient Landscaping, No Potable Use or No Irrigation Innovative Wastewater Technologies Water Use Reduction, 20% Reduction Water Use Reduction, 30% Reduction Energy & Atmosphere 17 Possible Points 1 ' Prereq 1 Fundamental Commissioning of the Building Energy Systems 1 Prereq 2 Minimum Energy Pertormance Required 1 Prereq s Fundamental Refrigerant Management Required credit 1 Optimize Energy Pertormance credit 2 On-Site Renewable Energy 1 credits Enhanced Commissioning credit 4 Enhanced Refrigerant Management 1 credits Measurement & Verification credits Green Power '5' Subtotal Water Efficiency 5 Possible Points Materials & Resources 13 Possible Points >'' 1 Prereq 1 Storage ~ Collection of Recyclables Required Credit 1.1 Building Reuse, Maintain 75% of Existing Walls, Floors ~ Roof Credit 1.2 Building Reuse, Maintain 95% of Existing Walls, Floors ~ Roof 49 1 _1-; 1' 1' ~,;" 1 1 1' 9 Credit 1.3 Building Reuse, Maintain 50% of Interior Non-Structural Elements credit 2.1 Construction Waste Management, Divert 50% from Disposal credit 2.2 Construction Waste Management, Divert 75% from Disposal Credit 3.1 Materials Reuse, 5% credit 3.2 Materials Reuse, l0% Credit 4.1 Recycled Content, 10% (post-consumer + 1/2 pre-consumer) credit 4.2 Recycled Content, 20% (post-consumer + 1/2 pre-consumer) Credit 5.1 Regional Materials, 10% Extracted, Processed ~ Manufactured Regionally Credit 5.2 Regional Materials, 20% Extracted, Processed & Manufactured Regionally credits Rapidly Renewable Materials credit 7 Certified Wood Subtotal Indoor Environmental (duality 14 Possible Points Prereq 1 Minimum IAQ Performance Required Prereq 2 Environmental Tobacco Smoke (ETS) Control Required Credit 1 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 (1 Point) B. Paints & Coatings (1 Point) C. Flooring (1 Point) D. Composite Wood & Agrifiber Products (1 Point) E. Furniture (1 Point) F. Ceiling & Wall Systems (1Point) 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 s.1 Daylight & Views, Daylight 75% of Spaces creait s.2 Daylight 8~ Views, Views for 90% of Spaces Subtotal Innovation & Design Process 5 Possible Points creait 1.1 Innovation in Design credit 1.2 Innovation in Design Credit 1.3 Innovation in Design creait 1.4 Innovation in Design 1 ` credit 2 LEED Accredited Professional 1 Subtotal 3s Project Totals 70 Possible Points ** NOTE: BRA shall meet a minimum of 26 points for the Project ** 50 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.