ORD-2008-012 - Orange Co Zoning Ordinance -Buckhorn Rd Associates LLC Rezoning

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2 1. Meet the criteria forsite plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance. In cases where number three (3) applies, the applicant is required to propose a design solution . that is equal to, or better than, what could be obtained through the application of the criteria and standards contained in the Design Manual. . In this case, Buckhom Road Associates LLC has requested the waiving of fourteen (14) standards of the Design Manual. Ultimately, the applicant is required to demonstrate to the County that any and all deviations from the standards outlined within the Economic Development District Design Manual are necessary and that the proposed solution(s) are consistent with the intent of the manual. Please refer to Attachment Four (4) for staffs assessment of the project. REVIEW PROCESS: A PDISUP project is processed in the exact same manner as all Class A SUP applications. With these types of projects, however, the BOCC will.be required to: 1. Take action on the rezoning request to rezone the identified. properties from: I- 85/Buckhorn Road Economic Development (ED) District and/or Rural Residential One (12-1) to Buckhorn Village Planned Development Economic Development District (BVPD- ED). Action on approving or denying the rezoning application is considered to be a Legislative decision made in accordance with the provisions of Article Twenty (20) of the Zoning Ordinance. 2. If the application to rezone the properties is approved, the BOCC will then take action on the PD/SUP application proposing the development of the property as a master planned :mixed-use commercial site. Action on approving or denying the PD/SUP application is considered to be a Quasi judicial decision made in accordance with the provisions of Article Eight (8) of the Zoning Ordinance. For more information on the review process associated with this project, please refer to Attachment One (1) Request and Review Process Summary and Attachment Two (2) Discussion of Legislative versus Quasi judicial actions. In accordance with the provisions of Article(s) Eight (8) and Twenty (20) of the. Ordinance, staff sent out approximately seventy (70) notices to adjacent property owners within five hundred (500) feet of the subject properties, and posted notices on each properly informing the general public of, the date, time, and location of the proposed Public Hearing. Staff also caused a legal advertisement to appear within the News of Orange and the Chapel Hill Herald on February 13, 2008 and February 20, 2008 announcing the date, time, and location of the Public Hearing wherethese applications would be reviewed. PROPOSED DEVELOPMENT: The Planned Development Guideline Manual (Attachment Three 3 is intended to establish the various land use and regulatory standards that will govern the development of this project. For this abstract, staff is supplying basic information outlined within the Manual to supply the BOCC and Planning Board members with an overview of the project.